Under 21, and Busted for OWI in Wisconsin? Don’t Give Up Yet
Wisconsin’s Laws and Penalties for Minors Facing Drunk Driving Charges
Getting an underage drinking ticket OR a DUI charge is bad enough on its own, but what happens when you’re caught drunk driving AND you’re under 21?
Tom Grieve, Milwaukee’s DUI lawyer, explains the penalties for getting a DUI under 21 in Wisconsin and urges underage drivers to remember: OWI charges don’t necessarily mean you’ll be convicted.
Wisconsin's Absolute Sobriety Law
Wisconsin’s “Not a Drop” alcohol laws apply to all persons under the age of 21. The law mandates absolute sobriety, making it illegal for anyone underage to operate a motor vehicle after consuming any amount of alcohol.
If you've been arrested for an underage DUI in Wisconsin, you need to understand the serious consequences of getting an OWI conviction under the age of 21, and how an experienced drunk driving lawyer can help you fight an absolute sobriety charge.
Harsh Penalties for an Underage OWI Conviction in Wisconsin:
If the prosecution convinces a judge you had any alcohol in your system when you were pulled over, you can be found guilty of violating the Absolute Sobriety Law and face serious penalties:
- $200 fine
- Immediate 3-month license suspension
- 4 Driver’s License demerit points
- May apply for an occupational license immediately with SR-22 insurance form
- Fine & suspension doubled if passenger under age of 16 is in vehicle at the time
Anyone under the age of 21 who is arrested for a DUI with a BAC above .08 faces the same consequences as a person of legal drinking age, in addition to Wisconsin’s “Not a Drop” penalties.
Refusing a field sobriety test or chemical test at the scene will result in an immediate license revocation for a minimum of 1 year.
An Absolute Sobriety ticket can be amended depending on your circumstances. Contact an experienced OWI attorney before you resign yourself to having an underage OWI conviction on your record.
Learn more about DUI Statistics in Wisconsin
Underage Drinking Tickets During DUI Arrest
Underage drinking is a non-criminal offense and you won’t get jail time just for being a minor in consumption of alcohol. But a drinking ticket stays on your driving record and may have an impact on your insurance rates. If you get a drinking ticket in college, you may face additional penalties from your school or risk losing a scholarship.
Wisconsin’s Drinking Laws for Minors
Wisconsin Statute 125.07 (4)(b) says you are guilty of an underage drinking violation if: you are underage and knowingly possess or consume alcohol and are not accompanied by a parent, guardian, or spouse of legal drinking age.
Drunk Driving AND Underage = Double Trouble
If you are under the age of 21 and arrested for a DUI in Wisconsin, you will face underage DUI penalties AND likely further penalties related to underage drinking. Underage drinking tickets are generally split into two categories: Underage (age 17-20) and Juvenile (under 17).
Juvenile penalties are generally more lenient and remain mostly confidential.
Juvenile Alcohol Possession or Consumption
- $50-$500 in fines
- 30 days-2 years suspension of driving privileges
- Possible substance abuse assessment and treatment
Underage Alcohol Possession or Consumption
- $100-$1,000 in fines
- 30 days-2 years driver’s license suspension
- Possible substance abuse assessment and treatment
Juvenile Purchasing Alcohol or Misrepresenting Age
- $250-$500 in fines
- 30 days-2 years driver’s license suspension
- Possible substance abuse assessment and treatment
Underage Purchasing Alcohol or Misrepresenting Age
- $250-$1,000 in fines
- 30 days-2 years driving privilege suspension
- Possible substance abuse assessment and treatment
Juvenile Using or Possessing a Fake ID
- $100-$500 in fines
- 30 days-2 years suspension of driving privileges
- Possible substance abuse assessment and treatment
Underage Use or Possession of a Fake ID
- $300-$1,250 in fines
- 30-90 day driver’s license suspension
Driver Under 21 with Alcohol in Vehicle (Opened or Unopened)
- $20-$400 fine
- 30 days-2 years of driving privileges suspendedd
Driver’s license suspensions for Underage and Juvenile drinking convictions begin when the driver is eligible to:
- Have their license issued for the first time
- Renew their license
- Reinstate their license from a previous suspension or revocation
In some cases, an experienced DUI attorney can help you get your underage drinking and driving charges reduced or even dismissed. Many Wisconsin municipalities allow offenders opportunities to participate in alcohol awareness programs which may lead to having the ticket removed from your record.
Before you do anything else, contact Tom Grieve for a free consultation and find out how an attorney may be able to fight your DUI charges.
Wisconsin's Drinking Laws Changed since 2016
Starting in January 2017, there are even harsher penalties for repeat DUI offenders. Over 21? Learn about other Wisconsin drunk driving penalties:
- Penalties for 1st offense OWI in Wisconsin
- Penalties for 2nd offense OWI in Wisconsin
- Penalties for 3rd offense OWI in Wisconsin
- Penalties for 4th offense OWI in Wisconsin
- Penalties for 5th offense OWI in Wisconsin
Milwaukee Defense Lawyer for Underage DUI Charges
A DUI under 21 years old puts you behind the 8-ball for your entire adult life. Even a first offense DUI in Wisconsin follows you throughout your life. An experienced OWI lawyer knows the best way to deal with underage OWI charges and can help you save money and protect your future.
If you were arrested for underage drinking and driving in Wisconsin, you need the best DUI attorney in Milwaukee to beat your drunk driving charges. Tom Grieve spent years as a prosecutor working on DUI cases. He knows the prosecution’s game plan better than any other DUI defense lawyer in Milwaukee.
Tom’s remarkable defense work has earned him national recognition and numerous legal honors. Tom is known for getting his clients’ DUI charges reduced or eliminated altogether!
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