Question about Zero Tolerance and .02 BAC?

What is the name of your state? - Pennsylvania

My friend was in a car where the driver was drinking, got pulled over, and was arrested. Shortly thereafter, my friend was breathalized and recieved a .01. He told the officer he hadn't been drinking and it might of been from mouthwash or something since he came from the dentist. Regardless he was taken in and picked up my his parents. He might be charged because there were open bottles in the car but he is more concerned about the BAC. Now I know zero tolerance is .02 and below so should he be ok?

Also, if you were drinking alcohol (say any other circumstance not in a car or anything) and you recieved under a .02 are they allowed to charge you? I mean you are technically under the legal limit for your age? Just curious thanks guys**************

It sounds as if you are asking for someone who is under 21, is that correct?

If he registered .01 and the limit for under 21 is .02, yes he can be charged with DUI, but not for BAC.

If he is over 21 and the limit is .08 and he registers under .08, he can be charged for DUI but not for the BAC. It will be submitted as evidence of impairment as well as the officer's articulation of why he believes the offender was unfit to drive even though he blew under .08.

The kid who blew .01 wasn't driving. He was in a car where the driver got a DUI. The .01 could result in a minor consumption-type of charge, which he can rebut in court if he, in fact, can show that he was at the dentist and can testify truthfully that he didn't drink.