Under 21 and Zero Tolerance Driving Law

In Michigan, it is against the law for a person under 21years of age to drive with “any bodily alcohol content.” Under the law, any bodily alcohol content is defined as .02 or more and less than .08. If the minor driver’s BAC is .08 or above, then it is likely that the minor driver will be charged with the same offense used to charge drivers 21 and over.

The sanctions for a violation of the “Zero Tolerance” law are significantly different from the law used to charge drivers 21 and over. Under the “Zero Tolerance” law, a person charged with a first offense does not face actual jail time but instead does face a maximum penalty of 360 hours community service and a fine of $250. The “minor’s” driver license also would be suspended for 30 days by the Secretary of State.

For a second offense Zero Tolerance violation (2 within 7 years), a person could face up to 93 days in jail, a $500 fine, as well as community service. Additionally, the Secretary of State would suspend the minor’s license for 90 days.