Driving under the influence (DUI) has become a national problem that various states have tried to address. Many states particularly go after drunken drivers who are under-aged and have enacted zero tolerance laws to combat the problem. In zero tolerance states, the legal BAC for under 21 drivers may be as low as .00. Parents of under-aged DUI drivers may also face penalties under certain circumstances.
Drinking and Driving Under 21
The legal age for drinking in most states is 21. These same states legally permit drivers to be as young as 16. Intoxication and youth can often be a deadly combination when it comes to operating motor vehicles. Although under-aged drivers represent approximately six percent of licensed drivers in the U.S., these same drivers cause a disproportionate of car accidents and fatalities which are often fueled by alcohol consumption.
BAC Limits
In 2000, Congress passed legislation requiring most states to set their BAC limit at 0.8 percent as the presumptive level of intoxication. This basically means that a driver whose BAC limit is .08 percent or above is presumed to be intoxicated, thus violating any state DUI or DWI laws. Most states have since implemented the requested BAC limit for per se enforcement; however, some states penalize DUI no matter the BAC.
Some states impose lower BAC for drivers under 21 years of age. Therefore, teen-aged drivers do not have to reach the 0.8 level to violate state DUI laws.
Zero Tolerance and Implied Consent Laws
In zero tolerance states, drivers under 21 years of age are prohibited from drinking and driving. Driving in this case means operating any motor vehicle whether it is a car, a motorcycle, a motor boat, or in some cases, a motor operated lawn mower. Whereas the average BAC limit for suspected drunk drivers is .08 percent, some states set the BAC limit as low as .00 or .02. A .00 BAC means that absolutely no trace of alcohol should be in the blood. Even one drink would be a violation.
Some zero tolerance states also have implied consent laws. Implied consent basically means that by operating a motor vehicle such as a car, a driver gives implied consent to any required blood alcohol testing to determine intoxication levels. In this case, an under-aged driver is legally required to submit to a breathalyzer or blood test.
Zero tolerance laws may carry enhanced penalties that include administrative penalties such as license suspension or revocation; and criminal penalties such as actual jail time, accompanying fines and/or community service. If the violation occurs on school property, the violator may also be subject to school suspension. Repeat violations can result in a permanent revocation of the violator's license.
Parental Liability
In some zero tolerance states, parents may be held liable if their under-aged child gets a DUI and the parents provided the alcohol or intoxicating substance (in cases such as hosting an under-aged party). Parental liability may arise simply for allowing the under-aged driver use of the family car. Under the theory of "negligent entrustment" parents may be liable for an under-aged DUI driver if the parents allowed the use of the car when they knew or had reason to know their child had a history of alcohol or drug problems or prior DUIs.
Where states allow parental liability for their child's DUI, the parents may be subject to civil lawsuits or criminal penalties if they provided the alcohol.
Talk with an Attorney
If your child has been charged with a DUI, you may also be liable if you supplied the alcohol or entrusted your car when you had reason to suspect your child of drinking. Talk with an attorney to protect against possible penalties.
resource: http://www.drunkdrivinglawyers.com/resources/dui-dwi/dui-laws-penalties/can-i-be-liable-if-my-
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