A zero tolerance law makes it illegal per se for persons under the age of 21 to drive with any measurable amount of alcohol in their blood. Some states allow BAC levels of .01 or a maximum of.02 BAC to allow for variation in alcohol testing instruments. Since, it is illegal in every state for persons under the age of 21 to purchase and publicly possess alcoholic beverages, it should be illegal for persons under 21 who have been drinking to drive. 

Penalties for violating zero tolerances vary from state to state. Some states have automatic license suspensions for violators. These laws are often referred to as “use and lose” laws. 

• Apply zero tolerance laws to all persons under the age of 21;
• Set .02 BAC or less as the legal limit;
• Establish .02 as a per se offense (without having to prove intoxication);
• Provide for primary enforcement; and
• Provide that license suspensions or revocations are authorized for any violation of the state zero tolerance law.

 

States with this law
Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Washington D.C., Delaware, Florida, Georgia, Hawaii, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, Wyoming