What is the zero tolerance law? – Forbes Advisor


Zero tolerance laws are strict rules with serious consequences for all offenders, usually without exception. Often these laws come into play when it comes to the relationship between alcohol and driving, especially when it comes to the different legal standards for underage drivers. Keep reading to understand what zero tolerance laws are and why they exist, as well as their relationship to minor DUI and other offences, 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 violation, regardless of severity, intent, or mitigating circumstances. These zero-tolerance laws and policies impose a penalty on ALL violations or infractions without any subjective judgment of the offender’s action or behavior.

There are zero tolerance laws that apply to many situations, but they generally 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. alcohol in his system.

In the United States and the District of Columbia, driving under the influence of alcohol with a blood alcohol level (BAC) of 0.08% or higher is illegal and punishable by DUI. It is also illegal for anyone under the age of 21 to buy, possess or consume alcohol.

Driving after a single serving of an alcoholic beverage would normally not be a criminal offense for an adult of legal drinking age. However, that might be enough to land a driver under 21 with an automatic minor DUI charge in all 50 states.

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History of zero tolerance laws

Prior to the establishment of zero tolerance laws, most states had drinking and driving laws that universally established the legal limit for blood alcohol content. These applied to all drivers, regardless of age. If a driver under 21 had a blood alcohol level below 0.08%, they could still be charged with underage drinking or possession of alcohol, but this would not automatically result in a DUI. .

Data showed that drivers under 21 are more likely to be involved in fatal road crashes if they have been drinking than adults over 21. According to the National Highway Traffic Safety Administration (NHTSA), the rate of alcohol involvement in fatal crashes is about double the statistics for drivers over 21, and even underage drinking at a low alcohol level greatly increases the risk.

In 1984, the US Congress passed the National Minimum Drinking Age Act, which required states to raise the legal drinking age to 21. In 1988, all 50 states were in compliance with this law.

The National Highway Systems Designation Act of 1995 required states to consider a blood alcohol level of 0.02 percent or less for underage drivers operating a motor vehicle under the influence in order to qualify for federal funds roadside assistance. A blood alcohol level of 0.02% or less is a “self offence”, which means that the police do not have to prove that a driver is intoxicated as long as their blood alcohol level is above the legal limit.

The application of zero tolerance laws has been strongly criticized. Taking racial disparity into account, research shows that black children have been disproportionately impacted by zero-tolerance policies. Also, cases of extreme or unfair punishment resulting from a lack of consideration of mitigating circumstances.

Zero tolerance laws for underage drinking and driving

The concept of zero tolerance laws is “illegal to drink, illegal to drive”. This means that since it is illegal to drink alcohol before the age of 21, it should also be illegal for them to drive under the influence of any detectable amount of alcohol, however small. .

All states have zero tolerance laws for underage drivers under the influence, although their BAC and consequences vary from state to state. In many states, underage drivers can be penalized for operating a motor vehicle with a blood alcohol level as low as 0.00, 0.01, or 0.02% – ANY detectable amount of alcohol is against the law and can make the perpetrator guilty of a minor DUI.

Zero tolerance laws for other situations

Zero tolerance laws apply beyond underage drinking and driving.

Open container laws regarding driving a vehicle with an open container of alcohol can also be included in zero tolerance policies. In these situations, a law enforcement officer is required to act if they see an open container anywhere in the vehicle – no matter how it got there, how long it’s been there, whose it belongs to and who has consumed its contents.

In the 1990s, zero-tolerance policies also began to gain popularity in school districts that had zero-tolerance policies affecting students in possession of weapons or drugs. The consequences of possessing or being under the influence of any type of recreational drug, including alcohol and marijuana, could lead to serious consequences, including suspension or expulsion from school.

Similar to laws that were created to deter minors from drinking and driving, they were designed to discourage dangerous or problematic behavior. However, the effectiveness of these policies has been questioned and questioned by research, leading many school districts to modify or withdraw their general policies.

Consequences of zero tolerance laws

A minor DUI conviction is automatic when someone under the age of 21 has detectable amounts of alcohol in their blood alcohol level. This can show up on a person’s criminal record and can have long-term implications, especially for young drivers, in terms of car insurance coverage, employment background checks and more.

A conviction for impaired driving by a minor can lead to:

  • Up to a year in prison
  • Public Service
  • Fines
  • Participation in drug treatment or treatment courses
  • Installation of an immobilizer (IID)

Although the law does not consider mitigating circumstances, a DUI attorney can still defend and protect the legal rights of an accused person under a zero tolerance law. They may also be able to review police procedures and the circumstances of a particular case to argue for a reduced sentence.

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