Zero Tolerance Law: Who Is Affected?

Zero-tolerance laws are strict rules with severe consequences for all offenders, usually without exception. These laws are often applied to the relationship between drinking and driving, especially regarding the different legal standards for underage drivers. In the United States, it is illegal for anyone under the age of 21 to purchase, possess or consume alcohol. However, zero-tolerance laws vary from state to state, with some states penalising underage drivers with a blood alcohol concentration (BAC) as low as 0.00%.

Zero tolerance laws for underage drinking and driving

Zero-tolerance laws are strict rules with severe consequences for all offenders, usually without exception. They are commonly associated with the relationship between drinking and driving, especially regarding the different legal standards for underage drivers.

History of Zero Tolerance Laws

In 1984, the U.S. Congress passed the National Minimum Drinking Age Act, which required states to raise the legal drinking age to 21. By 1988, all 50 states were in compliance with this law. The National Highway Systems Designation Act of 1995 mandated that states adopt a 0.02% BAC limit or lower for under-21 drivers to be charged with driving under the influence. This limit is known as a "per se offense", meaning that police do not have to prove intoxication if the driver is above the state's legal limit. States must comply with this mandate to qualify for Federal-Aid Highway Program funds.

Punishment Under Zero Tolerance Laws

Punishments for underage DUI may include fines ranging from several hundred to several thousand dollars, license suspension for at least a year, vehicle impoundment, and even jail time in some cases. The severity of the punishment increases with the minor's blood alcohol content. Additionally, many states also impose mandatory educational classes on the dangers of drinking and driving, and may require the minor to attend an alcohol rehabilitation program.

Effectiveness of Zero Tolerance Laws

Studies have shown that zero-tolerance laws are effective in reducing alcohol-related crashes and injuries among underage drivers. For example, a 1995 study found that the first states to set a 0% BAC limit for certain young drivers saw a 22% decline in fatal single-car nighttime crashes. A 1999 study also linked zero tolerance laws to a 24% drop in the share of crashes linked to underage drinking. However, enforcement and publicity for zero-tolerance laws appear to be rare, and research has shown that Black children have been disproportionately affected by these policies.

Zero tolerance laws for other situations

Zero-tolerance laws are strict rules with severe consequences for all offenders, without exception. While they commonly refer to the relationship between driving and alcohol, they also apply to other situations.

Open Container Laws

Open container laws prohibit riding in a vehicle with an open container of alcohol. In these cases, law enforcement officers are required to take action if they see an open container in the vehicle, regardless of who it belongs to or who consumed its contents.

Schools

In the 1990s, zero-tolerance policies gained popularity in school districts to address students found in possession of weapons or drugs. The consequences for possessing or being under the influence of any type of recreational drug, including alcohol and marijuana, could include suspension or expulsion from school. However, due to questions about their effectiveness, many school districts have since amended or withdrawn these policies.

Workplace

Zero-tolerance policies have been adopted in various institutions, including the workplace, to address behaviour deemed socially disordered or unacceptable, such as bullying or harassment.

Consequences of zero tolerance laws

Zero-tolerance laws have been enforced in all US states since 1998, and they set a maximum blood alcohol concentration (BAC) of less than 0.02 g/dL for drivers under 21 years old. These laws are intended to combat the dangers of underage drinking and driving, and they have been shown to reduce alcohol-related crashes and injuries among young drivers.

Consequences of Zero-Tolerance Laws

The consequences of zero-tolerance laws can vary depending on the state and the number of offenses. In California, for example, a person under 21 with a detectable amount of alcohol in their BAC will have their driver's license suspended or revoked. The suspension or revocation is independent of any other adverse action or criminal penalty imposed in court for a DUI offense. The suspension period is typically 30 days, after which the individual can apply for a critical need restricted license if they meet certain conditions.

In terms of criminal penalties, a conviction for underage DUI can result in jail time of up to a year, attendance at substance abuse treatment or classes, and the installation of an ignition interlock device (IID). An underage DUI conviction can also have long-term implications, such as affecting car insurance coverage, employment background checks, and college applications.

It is important to note that zero-tolerance laws have been criticised for their lack of consideration for extenuating circumstances and the disproportionate impact they have had on Black children.

Instances when zero tolerance is a felony

Zero-tolerance laws are strict rules with severe consequences for all offenders, without any exception. They require the mandatory enforcement of any violation, regardless of severity, intent, or extenuating circumstances. While zero-tolerance policies are studied in criminology and applied in both formal and informal policing systems, they have also been adopted in schools and workplaces. Here are some instances where zero tolerance can be considered a felony:

• Underage Alcohol Consumption and Driving: Zero-tolerance laws commonly address the relationship between driving and alcohol consumption, particularly for underage individuals. In the United States, it is illegal for anyone under 21 to purchase, possess, or consume alcohol. Driving under the influence (DUI) of alcohol with a blood alcohol content (BAC) of 0.08% or higher is a criminal offense for adults. However, for minors, any detectable amount of alcohol in their system while driving can result in an automatic underage DUI charge. This can lead to consequences such as jail time, substance abuse treatment, and installation of ignition interlock devices.
• Open Container Laws: Zero-tolerance policies can include open container laws, where law enforcement officers are required to take action if they see an open container of alcohol in a vehicle, regardless of who it belongs to or who consumed its contents.
• Weapons and Drug Possession in Schools: In the 1990s, zero-tolerance policies gained popularity in school districts to address students found in possession of weapons or illegal drugs. The consequences for possessing or being under the influence of any recreational drug, including alcohol and marijuana, could result in serious disciplinary actions such as suspension or expulsion.
• Workplace Harassment and Misconduct: Zero-tolerance policies are also implemented in workplaces to address issues such as sexual harassment or internet misuse. These policies aim to underscore the commitment of administrators to prevent unacceptable behavior. However, critics argue that zero tolerance may lead to a perception of "too much being done," potentially reducing reports of illegal behavior.
• Drunkenness and Minor Offenses: Zero-tolerance policing, as implemented in cities like New York, targets minor offenses such as public drunkenness, loitering, vandalism, littering, public urination, panhandling, and turnstile jumping. This approach, based on the "broken windows" theory, suggests that addressing minor physical and social disorder can prevent more serious crimes in a neighborhood.

While zero-tolerance laws aim to prevent dangerous behaviors and enforce strict consequences, they have also faced criticism for their lack of consideration for extenuating circumstances and the potential for extreme or unjust punishments.

Possible punishments for violating the zero tolerance law

Zero-tolerance laws are strict rules with severe consequences for all offenders, with penalties imposed on all violations or infractions without subjective judgment. These laws are often applied to drinking and driving, especially for underage drivers. In the United States, it is illegal to drive with a blood-alcohol content (BAC) of 0.08% or higher, and it is also illegal for anyone under the age of 21 to consume alcohol.

For underage drivers, the penalties for violating zero-tolerance laws can include:

• License suspension or revocation: This is a common punishment for underage drivers caught driving with any amount of alcohol in their system. The suspension or revocation period can vary, with some states imposing a 30-day suspension, while others may suspend the license for six months or even revoke it until the driver reaches the legal drinking age.
• Fines and fees: Underage drivers may face civil penalties, such as a $125 fine for a first offense in New York, as well as additional fees to terminate the suspension or reapply for a license.
• Jail time: In some cases, underage drivers may face incarceration of up to a year for violating zero-tolerance laws.
• Substance abuse treatment: Courts may require underage offenders to attend substance abuse treatment or education classes as part of their punishment.
• Ignition interlock device: A court may order the installation of an ignition interlock device (IID) in the vehicle of an underage offender.
• Increased insurance premiums: A DUI conviction can lead to higher insurance rates and complications with coverage.
• Employment and loan issues: A conviction can impact future job opportunities and the ability to obtain loans or insurance.
• Vehicle confiscation: In some cases, the underage driver's vehicle may be confiscated as a penalty.
• Restricted travel: Violators may face restrictions on their travel during the penalty period.

The specific penalties for violating zero-tolerance laws can vary from state to state in the US, and similar laws exist in other countries, such as Belgium, Finland, France, Germany, Sweden, and Japan.

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