Zero tolerance laws are strict rules with severe consequences for all offenders, usually without exception. Often, these laws come into play regarding the relationship of drinking and driving, especially regarding the different legal standards for underage drivers. Continue reading to understand what zero tolerance laws are and why they exist, as well as their relationship to underage DUI and other offenses, and what it means if you are in violation.
What Are Zero Tolerance Laws?
Generally, “zero tolerance” means adopting laws or policies that require mandatory enforcement of any violations, regardless of severity, intent or extenuating circumstances. These zero tolerance laws and policies impose a penalty on ALL violations or infractions without any subjective judgment of the action or behavior of the offender.
There are zero tolerance laws that apply to many situations, but they commonly refer to the relationship between driving and alcohol. Intended to combat the dangers of underage drinking, zero tolerance laws mean it is a criminal DUI offense for any motorist under the legal drinking age to have ANY alcohol in their system.
In the United States and the District of Columbia, driving under the influence of alcohol with a blood-alcohol content (BAC) of 0.08 percent or higher is illegal and subject to a DUI offense. It is also illegal for anyone under the age of 21 to purchase, possess or consume alcohol.
Driving after a single serving of an alcoholic beverage would not normally be a criminal offense for an adult of the legal drinking age. However, it could be sufficient to land a driver under 21 with an automatic underage DUI charge in all 50 states.
History of Zero Tolerance Laws
Prior to the establishment of zero tolerance laws, most states had drunk driving laws that universally established the legal limit for blood-alcohol content. These applied to all drivers regardless of age. If a driver under the age of 21 had a BAC below 0.08 percent, they could still be charged with consuming or being in possession of alcohol underage, but it would not automatically result in a DUI.
Data has shown that drivers under the age of 21 are more likely to be involved in fatal motor accidents if they have been consuming alcohol than adults over 21 years of age. According to the National Highway Traffic Safety Administration (NHTSA), the alcohol involvement rate in fatal accidents is approximately double the statistics for drivers over 21, and even underage drinking at low alcohol levels substantially increases the risk.
In 1984, the U.S. Congress passed the National Minimum Drinking Age Act, which required states to raise the legal drinking age to 21. By 1988, all 50 states were in compliance with this law.
The National Highway Systems Designation Act of 1995 forced states to consider a BAC of 0.02 percent or lower for underage drivers operating a motor vehicle under the influence in order to qualify for Federal-Aid Highway Funds. A 0.02 percent BAC or lower is a “per se offense,” meaning that police do not have to prove a driver is intoxicated as long as the driver’s BAC is above the legal limit.
Enforcement of zero tolerance laws has been met with harsh criticism. With consideration to racial disparity, research shows that Black children have been disproportionately affected by zero tolerance policies. Additionally, instances of extreme or unjust punishments resulting from a lack of consideration of extenuating circumstances.
Zero Tolerance Laws for Underage Alcohol Drinking and Driving
The concept of zero tolerance laws is “illegal to drink, illegal to drive.” This means that, because it is illegal to drink alcohol under the age of 21, it should also be illegal for them to drive while under the influence of any detectable amount of alcohol, no matter how small.
All states have zero tolerance laws for underage drivers under the influence, though their BAC amounts and consequences vary state by state. In many states, underage drivers can be penalized for operating a motor vehicle with BAC levels as low as 0.00, 0.01 or 0.02 percent — ANY detectable amount of alcohol is against the law and can result in the perpetrator being guilty of underage DUI.
Zero Tolerance Laws for Other Situations
Zero tolerance laws apply beyond underage drinking and driving.
Open container laws regarding riding in a vehicle with an open container of alcohol also can be included in zero tolerance policies. In these situations, a law enforcement officer is required to take action if they see an open container anywhere in the vehicle — regardless of how it got there, how long it has been there, who it belongs to and who consumed its contents.
In the 1990s, zero tolerance policies also began to gain popularity in school districts who enforced zero-tolerance policies affecting students found to be in possession of weapons or drugs. The consequences for possessing or being under the influence of any type of recreational drug, including alcohol and marijuana, could result in serious consequences including suspension or expulsion from school.
Similar to the laws that were created to deter underage drinking and driving, these were designed to discourage dangerous or problematic behaviors. However, the effectiveness of these policies has been questioned and challenged by research, resulting in many school districts to amend or withdraw their blanket policies.
Consequences of Zero Tolerance Laws
An underage DUI conviction is automatic when a person under 21 has detectable amounts of alcohol in their BAC. This can show on a person’s criminal record and can have long standing implications, especially for young drivers, when it comes to car insurance coverage, employment background checks and more.
A conviction for underage DUI can result in:
- Jail time of up to a year
- Community service
- Attendance at substance abuse treatment or classes
- Installation of an ignition interlock device (IID)
Though the law does not account for extenuating circumstances, a DUI lawyer can still advocate for and protect the legal rights of a person charged under a zero tolerance law. They may also be able to review police procedures and the circumstances of an individual case to argue for a reduced sentence.
Frequently Asked Questions (FAQs)
What is the meaning of zero tolerance laws?
Zero tolerance laws mean there is zero toleranc” for violation of the rules and policies they are meant to enforce. They are designed to prevent problematic or dangerous behavior.
What is an example of a zero tolerance policy?
A zero tolerance policy example is “illegal to drink, illegal to drive.” This means that, if you are under the United States’ legal drinking age of 21 and under the influence of any detectable amount of alcohol, it is illegal to operate a motor vehicle.
What is zero tolerance and what is the penalty for this?
Zero tolerance indicates a policy without exception for extenuating circumstances and blanket consequences for all offenses. In the event of underage drinking and driving, the penalty is an underage DUI charge.