Most states have a zero-tolerance (or near zero-tolerance) blood alcohol concentration (BAC) level of .02 for drivers under the legal drinking age (usually 21) that will result in a DUI/DWI charge. Some states set the BAC level at which a minor may be charged with DUI/DWI at .05. And some states will charge a minor driving a vehicle with a BAC of less than the state’s per se intoxication level (usually .08) with violating a zero-tolerance law such as driving while ability impaired (DWAI)—but will charge a minor with a BAC of .08 or more with per se (pronounced purr-say) DUI/DWI based on the state’s BAC-level definition of intoxication—or, in the absence of a chemical test of blood, breath, or urine, will charge the minor with common law DUI/DWI based on the police officer’s belief the minor was driving while intoxicated.

DUI/DWI criminal offenses, punishments, and terms used for underage DUI/DWI vary from state to state. These laws are generally located in a state’s statutes—often in the penal code or criminal code.

In New Jersey, the state enforces a zero-tolerance policy for underage drinking and driving. Drivers under the age of 21 found operating a vehicle with a blood alcohol concentration (BAC) of 0.01% or higher can be charged with underage DUI/DWI. New Jersey's per se intoxication level for adults is 0.08%, but for minors, any detectable amount of alcohol can lead to DUI/DWI charges. The penalties for underage DUI/DWI may include fines, community service, mandatory participation in alcohol education programs, and the suspension or postponement of driving privileges. It's important for minors to understand that New Jersey takes underage drinking and driving very seriously, and the consequences can be severe, impacting their future opportunities and driving record.