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In Wisconsin, knowingly possessing or consuming alcohol from age 17-20 will result in a $100-$200 forfeiture. If you are charged with drinking under 21 at least twice in the same year, the penalty increases. A 2nd underage drinking charge in one year results in a $200-$300 fine. Your 3rd underage drinking in a year results in a $300-$500 fine. Fourth & subsequent underage drinking violations result in $500-$1000 fines.
Wisconsin enforces a zero-tolerance policy for drivers under 21 years old through the Absolute Sobriety Law, meaning the legal BAC limit is 0.0. Any measurable alcohol concentration while operating a vehicle results in an underage OWI charge. DUI/OWI laws impose escalating penalties for repeat offenses, including fines and license revocation, with additional requirements such as mandatory alcohol and drug assessments.
Under Wisconsin’s Absolute Sobriety Law, there is no tolerance for drivers under 21 to have any trace of alcohol in their system while driving. If you or a loved one is facing underage OWI charges, legal representation is crucial to avoid severe long-term consequences.
The state of Wisconsin has a zero-tolerance policy for underage drinking and driving. The Absolute Sobriety Law, also known as the “Not A Drop” law, states that any underage persons operating a vehicle between 0.00 and 0.08% alcohol concentration (the normal limit for adults to drive) will be arrested.
Since the National Minimum Drinking Age Act was passed in 1984, the national drinking age in America has been set at 21 years. In Wisconsin, an underage drinking ticket is known as a forfeiture, citation, or infraction, which is a non-criminal offense that results in a fine. Starting in January 2017, a 4th Wisconsin OWI is a felony with mandatory fines & jail time, where you may face a punishment of up to 6 years in prison.
Underage drinking and OWI charges in Wisconsin can severely impact college students’ academic, financial, and personal futures. Students may lose federal financial aid, face housing dismissal, and incur disciplinary actions like suspension or expulsion, all of which can harm future job prospects and graduate school applications.
As long as you are with a parent, legal guardian, or spouse who is of legal drinking age, there is no minimum age to drink in Wisconsin. This law applies to drinking at restaurants, bars, and your home. Underage drinking in any establishment is ultimately up to the discretion of the owner, so whether or not you’re with your parents you may be denied an alcoholic beverage. The biggest concern is what under-21-year-olds do after drinking. Wisconsin’s Absolute Sobriety Law states that any underage individual must be completely sober to operate a vehicle.
Wisconsin offers several alternative programs and penalties for underage drinking offenses, particularly for first-time offenders:
This statewide program aims to reduce high-risk behavior and promote positive decision-making among underage violators. It includes education on the effects of alcohol and drugs, Wisconsin laws, and personal action planning.
Available in some counties, this program typically involves completing an 8-hour PRIME FOR LIFE course, focusing on risk reduction and decision-making. Successful participants may have their charges dismissed.
If you’re under the age of 21 and you get pulled over with alcohol in the car, you will most likely be driving away with a ticket. Unless accompanied by a parent, legal guardian, or spouse over the age of 21, you cannot have possession of intoxicants in your vehicle. There are rare cases where you may be allowed to transport alcohol under the age of 21, such as for work, or under the explicit directions of an adult, but these are the exceptions rather than the rule.
No underage person, as defined under s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcoholic beverage in any motor vehicle unless the person is employed by a brewer, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier and is possessing, transporting, or having such beverage in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07 (4) (bm).
Underage kids aren’t the only ones who might pay for the illegal consumption of alcohol. With the Social Host Law, Act 126, enacted in 2017 by Gov. Scott Walker, any adult allowing underage drinking on property they own or occupy will receive a $500 fine for a first offense. This law applies to parents, hotels, and campgrounds. If you host underage drinking as an adult you are responsible for any events in the eyes of the law, meaning you could be sued for damages, injuries, or death claims in civil lawsuits for upwards of $1,000,000 and potentially face jail time.
It’s not impossible to beat or lessen the charges associated with an underage drinking or possession ticket.
If you’re able to prove you were stopped for an unjustified reason, the stop could be considered unlawful. Sometimes, this is enough to get out of an underage drinking charge.
Claiming you didn’t do it is a common defense to any criminal charge. An experienced criminal defense lawyer will pressure the prosecutor to prove the alcohol found actually belonged to their client.
Alcohol found in your home or vehicle without consent to search cannot be entered into evidence. If you’re under the age of 21 and alcohol is found in “plain view” it can be seized and used as evidence against you. If you can prove an unlawful search and seizure was conducted, it drastically improves the chances that charges against you will be dismissed.
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