Zero tolerance DUI laws enforce the fact that it is illegal, in every one of the United States, for anyone under 21 years of age to purchase or possess any beverage containing alcohol. The zero tolerance law mandates that any underage drinker who operates a vehicle with any amount of alcohol in his bloodstream is guilty of a DUI on a per se basis, regardless of whether or not the blood alcohol level is above the legal limit. In order to be effective, the zero tolerance law involving underage drinking and driving allows law enforcement officers to mandate a breathalyzer test when the officer has cause to believe an underage driver has been drinking. Upon refusal of the test, or if the test proves the officer’s assumption correct, the underage driver is subject to immediate loss of his or her license.
The NHSDA (1995)
The National Highway Systems Designation Act, or NHSDA, was passed in 1995 as an attempt to persuade states to enforce the zero tolerance law. This act requires a state to consider a blood alcohol content of 0.02% to be driving under the influence if the driver is under 21 years of age. According to the act, any state that doesn’t comply with the act’s requirements would be subject to ineligibility for the Federal Aid in Highway Funds Act beginning in the year 1999. In order to comply with the NHSDA, a state has to:
- Make zero tolerance laws applicable to anyone under 21 years of age
- Mandate the legal limit for blood alcohol content is 0.02% or lower in underage drivers
- Enter a statute establishing a blood alcohol content of 0.02% or greater in an underage driver as a per se DUI offense (meaning the court does not have to prove intoxication)
- Each state must provide its own enforcement, and enforce that any violation of a zero tolerance law punishable by loss of license.
Why Zero Tolerance Laws are Important
Zero tolerance laws were established because of the fact that alcohol-related traffic statistics show twice the involvement of underage drivers in DUIs as all licensed drivers of legal drinking age. The risk of accidents being fatal when drivers below legal age are involved is also higher at low blood alcohol levels than it is in older drivers. In addition, younger drivers statistically hold their licenses in much higher regard than those who have had their license for years. This law making younger drivers at risk of losing their license for an extended period of time has been proven to be effective in states where the zero tolerance laws have been implemented.
Getting Help
Because zero tolerance laws are so strict, if you are caught drinking and are underage, you need to get the help of an experienced criminal lawyer. Your lawyer can help you to take steps to make sure your DUI conviction does not mar your permanent criminal record.
