Under 21, the legal limit is .02%

61-8-410 established a Zero Tolerance level, a Juvenile or Mini DUI.   It is illegal for those under 21 to consume or possess alcohol.  This statute establishes a zero tolerance level for under-age drivers.  If found behind the wheel of a motor vehicle, underage drivers who drink any amount of alcohol run a high change of being charged with this offense.  

If stopped, and an officer suspects the driver of being underage and of consuming alcohol, the driver will be asked to submit to a chemical test of your breath with a Portable Breath Test unit.  You may refuse this test, but your driver’s license will be suspended for six months, and if you have refused in the past 5 years, your license will be revoked for one year.

Officers have other tests they can use to determine whether you are impaired.  You may be charged under 61-8-410, or you may be charged under 61-8-401 if the officer has reason to believe that you are impaired and not just operating a motor vehicle while under 21 after consuming alcohol.