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Underage drinking and driving laws fall under a “zero tolerance” statute in state law. This statute dictates that it is illegal for anyone under the legal drinking age (21) to operate a motor vehicle if they have any alcohol in their system. The amount of alcohol that a minor can have in their system varies from state to state. Some states classify a blood alcohol concentration (BAC) of anything greater than 0.0% as too high, whereas most states only charge those with a BAC greater than 0.02%. Many states set the level at 0.02% because certain cough syrups and mouthwashes contain a small amount of alcohol. In states where the zero tolerance statute does not fall under DUI provisions minors can have relatively small punishments which might include having their licenses suspended and paying a fine, but not be charged with a DUI. In other states, however, minors can be charged with a DUI and face possible jail time. Minors in both cases might also be charged with the additional crime of consuming alcohol as a minor.

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