Underage drinking in milwaukee/wisconsin
Milwaukee Underage Drinking defense lawyer
The legal drinking age is 21 across the United States due to the National Minimum Drinking Age Act. If you drink alcohol under the age of 21, you will receive an underage drinking ticket. In Wisconsin, underage drinking is a non-criminal forfeiture, so you will face a fine, but not jail time. However, while it may seem like just a ticket on the surface, an underage drinking ticket on your record can lead to severe consequences.
According to Wisconsin law, state statute 125.07(4)(b) states that “any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes alcohol beverages is guilty of a violation”. There are some circumstances where underage drinking is legal in Wisconsin. For example, you may be served, possess, or consume alcohol at any age if you are with a parent, legal guardian, or spouse who is of legal drinking age (over the age of 21).
It is essential to contact an experienced attorney if you have received a ticket for underage drinking in order to minimize any possible consequences.
Our Promise
Our law firm will review any misdemeanors charged in your case, explain what those charges mean, and advise you on your best legal options. Contact us today to schedule a consultation and get the best representation you need in your unique circumstances.
OWI/DUI
Under Wisconsin’s “Not a Drop” alcohol law, you can be charged with an OWI for consuming any amount of alcohol (even if it below 0.08) and driving if you are under the age of 21. View our underage OWI page here for more information.
Refusals
If you are underage drinking and driving and refuse to submit to a sobriety test, then you will be charged with a separate offense, a ‘refusal’. A refusal counts as a drunk driving offense. If you refused a sobriety test, it is essential to contact an attorney within 10 days of your arrest. See our refusals page for more information
Possession
According to Wisconsin Law, no underage person may knowingly possess, transport, or have under their control any alcohol beverage in any motor vehicle. There are some rare exceptions for work, but most cases of underage possession of alcohol do not fall under this exception.
Possible consequences for Underage Drinking in Wisconsin
If convicted of underage drinking, you may face the following consequences:
- If you are 17-20 years old:
- first time: $100-$200 fine
- 2nd in a year: $200-$300 fine
- 3rd in a year: $300-$500 fine
- possible mandatory participation in an alcohol safety course
- Participation in a supervised work program or other community service work.
- loss of scholarships
- educational consequences
Not Just a Ticket
While it may appear like underage drinking is just a ticket, the consequences can span far beyond a fine. With underage drinking on your record, you may lose scholarships or other opportunities. Contact us today to fight your underage drinking ticket and preserve future opportunities.
Frequently asked questions about Wisconsin Underage drinking laws
No, underage drinking is a non-criminal forfeiture. You will not be arrested, but you will receive a ticket and face other possible consequences for having a record of underage drinking.
The legal drinking age is 21, so if you consume alcohol under the age of 21 you are underage drinking. However, there are some circumstances where underage drinking is legal in Wisconsin.
In Wisconsin, you may be served, possess, or consume alcohol at any age if you are with a parent, legal guardian, or spouse who is of legal drinking age (over the age of 21). This applies to restaurants, bars, and your home. However, restaurants and bars are not legally obligated to serve you if you are under the age of 21 even if your parent/guardian says it is ok.
If you are under the age of 21 and drive while under the influence of any amount of alcohol, you may be convicted of an underage OWI (Operating while under the influence). This is a non-criminal forfeiture, you will face a $200 fine and an immediate 3-month suspension of you license.
See our page on underage OWIs here for more information.l