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Wisconsin is known for its friendly bars and great breweries. Like all other states in the country, Wisconsin’s legal drinking age is 21. However, in Wisconsin, individuals under the age of 21 may be served and consume alcohol if they are accompanied by a parent, guardian, or spouse who has attained the legal drinking age.
That means a restaurant is allowed to serve alcohol to an 18-year-old if they are eating dinner with their mom or dad. This law also applies to drinking at home or in bars. However, establishments like bars and restaurants do not have to someone under 21—that is up to the discretion of the owner.
Minors in Wisconsin who are drinking without a parent or guardian may be issued a civil citation for underaged drinking. The good news is that this ticket is a civil penalty, not a criminal penalty, and carries only a fine. However, a minor may have to disclose the citation on school or job applications if specifically asked if they have ever been convicted of a citation or civil offense.
Keep in mind a minor must be completely sober to operate a vehicle in the state of Wisconsin. So even though a minor could have a drink with a parent, they cannot drive until the alcohol is completely out of their system.
Similarly, many municipalities have laws against having open alcoholic containers in parks and other public places. Municipalities can establish open carry areas for alcohol, but these are clearly marked and designated as such—usually during events and festivals. Openly carrying alcohol in a non-open carry area can be penalized with tickets and fines.
It is not illegal for an of age person to drink in public in Wisconsin. However, it is illegal to become so intoxicated that they create a disturbance.
Individuals that become too intoxicated and cause a disturbance with their behavior may be issued civil citations for disorderly conduct and are penalized with a fine. Serious offenses may be charged as criminal misdemeanors, punishable with up to $1,000 fine and 90-days in jail.
Most people think of OWI/DUIs in regards to motor vehicles. However, there are other instances where people can get in trouble for drinking and driving, such as driving a boat or a bicycle.
It is illegal to operate a boat under the influence of alcohol or drugs or with a BAC over 0.08%. This is the same limit as for driving a vehicle on the road. Like driving OWIs, first offense boat OWIs are civil offenses, and penalties include steep fines.
Subsequent boating OWIs carry penalties that include jail time, but only if you receive two or more in a five-year period. After five years, the counting resets. For a second offense, individuals face between five days to six months of jail. For third offenses, possible jail time could be as high as one year.
Unlike driving OWIs, boating OWIs may not be considered OWIs in other states, nor do they affect a Commercial Driver’s License (CDL). Like anywhere else in Wisconsin, a minor cannot drink on a boat unless they are 21 or are with a parent or guardian.
Wisconsin’s laws are less specific when it comes to drinking and driving on non-motorized vehicles. When it comes to whether someone can get an OWI on a bicycle, it is often up to the discretion of the police officer.
It is not illegal to drink in public in Wisconsin, unless you are under the age of 21 or not with a parent or legal guardian. Individual municipalities may have specific laws governing alcohol consumption. But it is illegal to become so intoxicated that you create a disturbance. You could get a ticket for disorderly conduct for being too intoxicated.
In the state of Wisconsin, Sunday is just like any other day. Grocery stores, liquor stores, and gas stations stop the sale of liquor at 9 PM, seven days a week. Beer must stop being sold at midnight. All alcohol sales can start at 6AM.
Drinking underage is not a criminal offense in the state of Wisconsin. It is a civil offense, and results in a ticket and a monetary fine. The fines increase with repeated violations.
Passengers are not allowed to drink in a car in Wisconsin. Both drivers and passengers can receive civil citations and fines for having open containers in reach while in a motor vehicle. The only exception is chauffeured buses and limousines.
Walking with open containers is generally illegal in Wisconsin, unless you are in a space designated by a municipality as allowing open carry. This is common during festivals or events in the summer months. These areas should be clearly marked and easy to see.
There is no law against drinking in the presence of minors in Wisconsin. Being too intoxicated to care for children that you are responsible for or being so intoxicated as to cause children harm, however, could result in serious criminal penalties.
The state of Wisconsin does not prohibit drinking in county-owned land, like county parks. Some municipalities may have laws governing the consumption of alcohol in places like parks where you might fish. Be sure to check with your local municipality to find out what laws may govern your recreational area. It is illegal to operate a boat while intoxicated in the state of Wisconsin.
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