Underage DUI and Zero Tolerance Laws
Why a driver under 21 can be charged with a much lower alcohol level, and how it differs from state to state.
Quick Answer
Federal law requires every state to treat a driver under 21 with a blood alcohol concentration of 0.02 percent or more as driving under the influence, so the limit for young drivers is far below the adult 0.08. Many states go further and set the limit at zero or at any detectable amount. Penalties, including license suspension, are set by state law.
Educational information, not legal advice. This is a general national overview. DUI and DWI laws are set by each state and change often, so details differ where you are. Use the state guides linked below and speak with a licensed attorney in the state where you were stopped or charged.
What zero tolerance means
Zero tolerance laws set a much lower alcohol limit for drivers under the legal drinking age. Under 23 U.S.C. 161, a state must treat an individual under 21 who has a blood alcohol concentration of 0.02 percent or greater while driving as driving under the influence, or lose a share of its federal highway funding. That is why states have underage impaired driving laws.
Federal law also ties highway funding to a minimum drinking age of 21 (23 U.S.C. 158), which is the age line these underage driving laws are built around.
Sources: 23 U.S.C. 161 (zero tolerance for minors) · 23 U.S.C. 158 (national minimum drinking age)
How the laws differ by state
The federal rule sets the highest limit a state may use for drivers under 21, not a single standard. Some states use 0.00 or any detectable amount, others use 0.01 or 0.02, and states differ on whether the offense is a criminal charge or a civil or administrative matter, how the penalties compare to an adult DUI, and whether it can also be charged in addition to an adult DUI at 0.08.
Where laws vary: the exact limit, the name of the offense, the length of the license suspension, and whether the case is criminal are all set by each state. The table below summarizes each state's under-21 limit from its guide, with links to the state sources.
| State | Under-21 limit | Note |
|---|---|---|
| Alabama | 0.02% | Drivers under 21 commit DUI at 0.02 or more. |
| Alaska | 0% | Zero tolerance. Under 21, driving after consuming any amount of alcohol is minor operating after consuming (AS 28.35.280). DMV revocation is 30 days for a first, 60 days for a second, 90 days for a third, and 1 year for a fourth or later. |
| Arizona | 0% | Drivers under 21 may not drive with any spirituous liquor in their body (A.R.S. §4-244). |
| Arkansas | 0.02% | Underage DUI covers drivers under 21 with a BAC of 0.02 to 0.079. First offense: 90-day suspension. At 0.08 or more, it is DWI. |
| California | 0.01% | A PAS or chemical test of 0.01 or more means a one-year suspension for drivers under 21. |
| Colorado | 0.02% | Drivers under 21 face revocation for a BAC above 0.02 and below 0.08: 3 months for a first offense, 6 months for a second. |
| Connecticut | 0.02% | |
| Delaware | 0.02% | Under 21 at 0.02 or more is per se evidence of drinking under §4177L. A first offense means a 2-month revocation; later offenses 6 to 12 months. |
| Florida | 0.02% | Drivers under 21 at 0.02 or more get an administrative suspension even if not charged with DUI. |
| Georgia | 0.02% | |
| Hawaii | 0.02% | HRS §291E-64 makes it an offense for a driver under 21 to have a “measurable amount” of alcohol, defined as 0.02 to under 0.08. At 0.08 or more, OVUII applies. |
| Idaho | 0.02% | Drivers under 21 violate the law at 0.02 or more but under 0.08. |
| Illinois | 0% | Zero Tolerance: any trace of alcohol leads to loss of driving privileges for a driver under 21 (3 months for a first test result, 6 months for a first refusal). At 0.08 or more, a DUI charge applies. |
| Indiana | 0.02% | A driver under 21 with a BAC from 0.02 up to 0.08 commits a separate, lesser violation. |
| Iowa | 0.02% | Drivers under 21 at 0.02 or more but under 0.08 face a “zero tolerance” revocation, whether or not they are charged with a crime. |
| Kansas | 0.02% | Drivers under 21 at 0.02 to 0.079: a 30-day suspension on a first occurrence. At 0.08 or more, it is a DUI. |
| Kentucky | 0.02% | From 0.02 to under 0.08: $100 to $500 fine or 20 hours of community service, and a 6-month suspension (4 months with an interlock license). At 0.08 or more, adult penalties apply. |
| Louisiana | 0.02% | Drivers under 21 face administrative suspension at 0.02 or more. |
| Maine | 0% | A driver under 21 may not operate with any amount of alcohol. A violation means a 1-year suspension, or at least 18 months for a refusal. |
| Maryland | 0% | Every licensee under 21 gets an alcohol restriction that bars driving with any alcohol in the blood. It ends at age 21. Violating it can lead to an MVA suspension. |
| Massachusetts | 0.02% | A driver under 21 at 0.02 or more loses their license for 30 days, separate from any criminal case. |
| Michigan | 0.02% | Zero Tolerance: 0.02 to 0.07, or any alcohol not from a religious service. Up to $250 fine or up to 360 hours of community service, 4 points, and a 30-day restricted license. |
| Minnesota | 0% | Drivers under 21 commit a misdemeanor by driving after drinking any amount (“Not a Drop”). It brings a 30-day suspension, or 180 days for a repeat. |
| Mississippi | 0.02% | Zero Tolerance for Minors applies to drivers under 21 at 0.02 up to 0.08. At 0.08 or more, the regular DUI law applies. |
| Missouri | 0.02% | Drivers under 21 at 0.02 or more face a 30-day suspension under Missouri’s zero-tolerance law, plus SATOP and a reinstatement fee. |
| Montana | 0.02% | Under 21 at 0.02 or more is its own offense (61-8-1002(1)(e)). A first conviction is a $100 to $500 fine and a 90-day license suspension. Since 2025, any amount of THC for a driver under 21 is also covered. |
| Nebraska | 0.02% | Drivers under 21 at 0.02 or more but under 0.08 face license impoundment under §60-6,211.01; at 0.08 or more the regular DUI law applies. |
| Nevada | 0.02% | Drivers under 21 at 0.02 or more but under 0.08 have their license suspended for 90 days. At 0.08 or more, it is a regular DUI. |
| New Hampshire | 0.02% | For drivers under 21, a test of 0.02 or more triggers administrative suspension. |
| New Jersey | 0.01% | Drivers under 21 with 0.01 to under 0.08 violate the zero tolerance law (N.J.S.A. 39:4-50.14): license loss or postponement of 30 to 90 days and 15 to 30 days of community service. |
| New Mexico | 0.02% | |
| New York | 0.02% | Zero Tolerance: 0.02 to 0.07 for a driver under 21 is handled at a DMV hearing (6-month suspension for a first finding). At 0.08 or more, the driver can be charged with DWI like an adult. |
| North Carolina | 0% | It is a Class 2 misdemeanor for a driver under 21 to drive with any alcohol or controlled substance remaining in the body. |
| North Dakota | 0.02% | Zero tolerance for drivers under 21 at 0.02 and above. A first violation at 0.02 or more brings a 91-day suspension under N.D.C.C. §39-20-04.1. |
| Ohio | 0.02% | OVUAC applies at 0.02 to under 0.08 for drivers under 21: license suspension of 3 months to 2 years. |
| Oklahoma | 0% | Any measurable quantity of alcohol is unlawful for drivers under 21 (zero tolerance). |
| Oregon | 0% | For drivers under 21, any amount of alcohol counts as being under the influence for an implied consent suspension (ORS 813.300). |
| Pennsylvania | 0.02% | A minor (under 21) commits DUI at 0.02 or more within two hours of driving. |
| Rhode Island | 0.02% | Under 21 at 0.02 to under 0.08 is Driving While Impaired. A first violation means a 6-month suspension, up to 12 months, plus a DWI course. |
| South Carolina | 0.02% | Zero tolerance under §56-1-286: drivers under 21 at 0.02 or more lose their license for at least 3 months. |
| South Dakota | 0.02% | Under 21 at 0.02 or more is a Class 2 misdemeanor. Suspension is 30 days for a first offense, 180 days for a second, and 1 year for a third. |
| Tennessee | 0.02% | Underage driving while impaired (§55-10-415) applies to drivers 16 to under 21 with a blood alcohol concentration of more than 0.02%. For ages 18 to 20 it carries a 1-year license suspension and a $250 fine. |
| Texas | 0% | Any detectable amount of alcohol is an offense for drivers under 21 (DUI by a Minor). |
| Utah | 0% | “Not a Drop”: any measurable alcohol is a violation for drivers under 21, who are alcohol-restricted drivers by law. |
| Vermont | 0.02% | Under 21 at 0.02 or more is a civil violation. Since July 1, 2025, a first offense brings a $300 civil penalty and a 180-day suspension, with an interlock RDL option. |
| Virginia | 0.02% | Drivers under 21 with 0.02 to under 0.08 violate § 18.2-266.1. |
| Washington | 0.02% | Drivers under 21 face a minor DUI and at least a 90-day suspension at 0.02 or more. |
| West Virginia | 0.02% | Drivers under 21 commit a separate offense at 0.02 or more but under 0.08. |
| Wisconsin | 0% | Wisconsin’s absolute sobriety law: drivers under 21 may not drive with any alcohol in their system. |
| Wyoming | 0.02% | W.S. 31-5-234. A first offense is a 90-day license suspension. |
From each state’s guide, which links the official sources. Educational information, not legal advice.
Sources: 23 U.S.C. 161 (zero tolerance for minors) · Each state's guide links its statutes
Common consequences
These are examples of what can happen, not a list that applies everywhere. Whether each applies, and for how long, depends on the state. Use your state guide for the license hearing deadline.
- An administrative license suspension, often starting quickly after a failed or refused chemical test, separate from any court case.
- A criminal or civil charge that may carry fines, alcohol education, community service, or probation.
- Higher insurance costs and, in some states, an ignition interlock or insurance filing requirement.
- Consequences at school, for scholarships, and for certain jobs. See the college students guide.
Implied consent for young drivers
Implied consent generally applies to under-21 drivers as it does to adults, and refusing a chemical test can carry its own license penalty. Some states impose a longer suspension for an underage refusal. Check your state's refusal rules in its guide.