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Minor OWI/DUI By Andrew Mishlove on December 29, 2019

An alcoholic beverage near car keysWe’ve discussed drunk driving cases quite a bit on our blog, but most of our focus has been on adults. Attorneys Andrew Mishlove and Lauren Stuckert know that drivers under the age of 21 can be pulled over for drunk driving, and it’s important that they receive legal guidance.

The state of Wisconsin has unique laws regarding underage drinking and driving, which makes it important to have an operating while intoxicated (OWI)/driving under the influence (DUI) lawyer on your side. Let’s go over a few of the state laws and charges underage drunk drivers are likely to face.

Wisconsin’s Absolute Sobriety “Not a Drop” Law

The state has a “Not a Drop” law regarding sobriety for people under 21. There is zero tolerance for drinking alcohol among anyone underage. This applies to all drunk driving cases for anyone who isn’t 21.

Penalties for Absolute Sobriety Violation

The penalties for violating the Absolute Sobriety law include:

  • Fine of $200
  • Three month driver’s license suspension
  • Four demerit points on driver’s license

Additional Underage and Juvenile Charges for Drunk Driving

In addition to penalties for Absolute Sobriety, there are additional charges for people under 21 who obtain, possess, and/or consume alcoholic beverages. These additional charges include:

  • Underage consumption of alcohol
  • Underage possession or procurement of alcohol
  • Use or possession of a fake ID
  • Misrepresenting age to obtain alcohol
  • Intoxicants found in vehicle of an underage driver

Some penalties differ for people age 17-20 with these additional charges. As we look at penalties for these charges, we’ll note the penalties for minors under 17 first and then note those for drivers aged 17-20 when applicable.

Penalties for Minors Who Procure Alcohol or Misrepresent Age

Penalties for minors under 17 who procure alcohol or misrepresent their age to obtain alcohol include:

  • $250-$500 forfeiture (higher fines for repeat offenses)
  • 30-90 day driver’s license suspension

For those age 17-20, the penalties are as follows:

  • $250-$500 forfeiture (much higher fines for repeat offenses)
  • 30-90 day driver’s license suspension

Penalties for Minors Who Possess or Consume Alcohol

Penalties for minors under 17 who knowingly possess or consume alcohol include:

  • Up to $50 forfeiture (higher fines for repeat offenses)
  • 30-90 day driver’s license suspension

For those age 17-20, the penalties are as follows:

  • $100-$200 forfeiture (much higher fines for repeat offenses)
  • 30-90 day driver’s license suspension

Penalties for Minors Who Use of Possess a Fake ID

Penalties for minors under 17 who use or possess a fake ID include:

  • $100-$500 forfeiture (higher fines for repeat offenses)
  • 30-90 day driver’s license suspension

For those age 17-20, the penalties are as follows:

  • $300-$1,250 forfeiture (much higher fines for repeat offenses)
  • 30-90 day driver’s license suspension

Penalties for Intoxicants Found in a Vehicle Driven by Minor

Penalties for all underage persons who have intoxicants in their vehicle include:

  • $20-$400 forfeiture
  • 30-90 day driver’s license suspension

How Our Lawyers Can Help

Teenagers and young adults make mistakes at an impressionable age, but that doesn’t mean they should go without legal representation. If you or your child has been charged with underage OWI, our attorneys can work to get charges dropped or reduced. We can also discuss what can be done to improve an underage driver’s record following such charges, and what to consider moving forward.

Speak with Skilled OWI Attorneys

If you live in Wisconsin and have been arrested for OWI, be sure to contact our team of drunk driving lawyers. The attorneys of Mishlove & Stuckert, LLC are here to help. You can reach us in Milwaukee at (414) 206-6919, in Oshkosh at (920) 306-8500, in West Bend at (262) 239-4828, and in Waukesha at (262) 207-4527.

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