In every state, it is illegal to purchase alcohol and publicly consume alcohol if the person is under 21 years of age. However, minors can drink alcohol, drive, and can get away with it if they are not legally intoxicated. A zero tolerance law would punish any minor who has a blood alcohol reading when tested by the police, even if the minor only has what amounts to one drink.

Zero tolerance laws are needed for many reasons. Over 2,364 youths between the ages of 15 and 20 died in 1993 as a result of alcohol related accidents. It has been shown that young drivers with low alcohol levels are at a a greater risk for fatal accidents than older drivers with the same alcohol content. In states that have adopted the "Zero Tolerance" law, there has been a 20% reduction in the amount of alcohol related fatalities amongst drivers under the age of 21.

The penalty for being caught drinking and driving under the zero tolerance law is severe. The guilty driver usually loses his license pending on the statutes in the state, for a minimum of six months.

A Young Person's Guide to the "Zero Tolerance" Law.

What is the "zero tolerance" law?

Starting on November 1, 1996, it will be a violations of law for a person under the age of 21 to consume alcohol and operate a motor vehicle.

Will any6 evidence of alcohol consumption constitue a violation of law?

Acutally, the law states that any person under the age of 21 who is caught operating a motor vehicle with a blood alcohol content ("BAC") of .02 of 1% or more but not more than .07 of 1% shall be deemed to have operated a motor vehicle after having consumed alcohol.

How much is .02?

The average person would have a BAC of .02 after consuming one mixed drink (containing one shot of liquor), a six- to eight-ounce glass of wine, or a twelve-ounce container of beer.

If a young person can drink, why is it called "zero tolerance?"

Since certain cough syrups and mouthwashes contain alcohol, and since some families will permit the consumption of small amounts of alcohol as part of religious or family functions, the Legislature decided to set the standard at .02% in order to address only those young people who had willfully consumed alcohol and operated a motor vehicle. Additionally, some brethalyzers used by the police have a margin of error of approximatly .01%. by setting the standard at a more reasonable .02%, the number of unfair stops will be reduced or eliminated.

Does this mean I can have one drink before I have a problem?

Not really. There are many factors which lead to a BAC reading, including the complicated blood/breath converstion ratio. It would not be wise to assume this law permits the consumption of any alcohol before driving.

What would happen to me if I am stopped by a plice officer for having consumed alcohol?

If the officer deems you are younger than 21 and appear to have consumed alcohol, but does not believe you are driving while intoxicated or impaired, you will be "temporarily detained" for the purpose of taking a breathalyzer test, usually at the police station.

Am I under arrest?

Not unless you are suspected of being impaired or intoxicated, or have committed some other criminal act.

What happens next?

If your BAC turns out to be more than .02% but less than .07%, you will certainly be charged with the traffic offense of "driving after having consumed alcohol." You will then be provided with a notice to appear for a hearing before an adminstarative law judge of the Department of Motor Vehicles.

Note: If you are found to have a BAC of .05% or .06% the police will have the option of charging you with driving while ability is imparied by alcohol (DWAI), and prosecuting the matter in criminal court.

May I have a lawyer present at this hearing?

Yes.

What happens at the hearing?

The police officer must prove, by clear and convincing evidence, that:

1. You were the person who operated the motor vehicle;

2. A valid request was made to submit a chemical test (e.g., breathalyzer);

3. You were younger than 21 at the time;

4. The chemical test was properly adminstered;

5. The test showed you had consumed alcohol (.02% or more);

and

6. The police officer made a lawful stop of the vehicle.

You will be able to provide evidence in your defense, including any witnesses. If, after both sides have been heard, the police officer has carried his burden of proving the case, the adminstrative law judge will make a finding that you have driven after having consumed alcohol.

What happens then -- coulud I go to jail?

NO. While this is considered a serious violation of the law, it is not designated as a crime and you cannot go to jail for this alone. However, you will have your license suspended for six months and pay a civil penalty of $125. You must pay an additional $100 fee when your license is returned.

Also, if you have any prior alcohol-related traffic offenses on your record, your license will be revoked for one year or until you reach the age of 21, whichever is longer.

What happens if I do not show up for the hearing or chose to waive my right to appear?

Failure to show will result in the imposition of a temporary suspension -- but you may reschedule your hearing. An official waiver will waive your right to a hearing and will result in the composition of a suspension or revocation, as appropriate.

What if the police officer does not show?

The administrative law judge may dismiss the charge -- but is not required to do so.

If my license is suspended under this law, can I get a conditional license?

Yes. If you do not have any prior alcohol-related convictions on your license, you may be eligible for a conditional license. However, in order to recive such a license, you must enroll in and complete the State Drinking Drivers Program. Both the program and the conditional license carry additional costs to your over and above those costs mentioned previously.

A conditional license will allow you to driver back and forth to work and school and other essential places, but it is not the same as a full license.

How long will this remain on my record?

Three years or until you are 21, whichever is longer.

Let's back up for a minute. What if I refuse to take a breath test?

Not a good move. You will be subject to license revocations of at least one year. You will, however, be entitled to a hearing if you wish.

What happens to people whose BAC is more than .07%?

Those peopple will be charged with the offense of driving while ability is imparied by alcohol, and will be arrested and dealt with in criminal court. They will be punished more harshly if convicted. If the BAC is .10% or more, the charge will be driving while intoxicated. These matters are handled in criminal court.