University of Wisconsin - Stout

Dunn County Circuit Court, Spring 2006

 

What's covered by this law?

The law covers a range of activities related to the possession and consumption of alcoholic beverages by people under the legal drinking age (21 years old).

It is illegal for persons under the legal drinking age to:

  1. Purchase, procure, or attempt to procure, alcoholic beverages;
  2. Possess or consume intoxicating liquor (including wine), except when accompanied by parent, guardian, or spouse who has attained legal drinking age;
  3. Enter or be on a premises which has a license or permit to sell alcoholic beverages,
    1. except if an underage person is an employee, resident, or boarder on the premises,
    2. except if entering a Class A* License retail intoxicating liquor premises to purchase edibles,
    3. except hotels, drug and grocery stores, bowling alleys, stadiums, restaurants, etc.
    4. except Class B** License liquor premises if for an auction or marching and drilling, but not in the room where alcoholic beverages are sold or furnished.
    5. except if the person is at least 18 and is contracted to entertain;
    6. except on a premises when no alcoholic beverages are being sold or given away and the owner has notified law enforcement when underage persons will be allowed.
  4. Obtain an I.D. card with inaccurate information;
  5. Misrepresent his or her age for obtaining alcohol;
  6. Carry false identification; or
  7. Obtain an alcoholic beverage license or permit.

*   Class A License - retail sales of liquor for consumption off the premises and where sold in original packages.

**   Class B License - retail sales of liquor for consumption on the premises, by the glass, and not in original containers...and beer to be consumed on or off the premises.

Providing a False ID

Any person who makes, alters, or duplicates an official ID card, or provides an official ID card to an underage person, may be fined $435 on first offense and
imprisoned for up to 90 days.

Can I Be Arrested?

Underage drinking is not a criminal offense. However, a person may be detained by an officer as long as required to conduct an investigation. Sometimes arrests result because of other incident-related circumstances.

What Are The Penalties?

The penalties are costly and are designed to be a deterrent. There are the costs of fines, license reinstatement fees, higher insurance rates and loss of driving privileges.

Penalties for Drinking Age Law Violations
March 2006
Offense Type Number of Offenses Within 12 Month Period Age 17 - 20 Age 21 Plus
Consumption or possession of alcohol
  1. First Offense
  2. Second Offense
  3. Third Offense
  4. Fourth Offense
  1. 249.00
  2. 375.00
  3. 501.00
  4. 748.00
 
Possession of false ID Card, makes, provides, alters
  1. First Offense
  2. Second Offense
  3. Third Offense
  4. Fourth Offense
  1. 435.00
  2. 501.00
  3. 748.00
  4. 1049.00
 $ 250.00 Bond, Criminal Offense
Procuring from licensed premises
  1. First Offense
  2. Second Offense
  3. Third Offense
  4. Fourth Offense
  1. 435.00
  2. 501.00
  3. 748.00
  4. 1049.00
  
Procure for, sell to, dispense or give to underage person
  1. First Offense
  2. Second Offense
  3. Third Offense
  1. 435.00
  2. 748.00
  3. 1,373.00
 
Sell alcohol without a license
  1. First Offense
  2. Second Offense
  1. 748.00
  2. 1,373.00
 fine per host
Loss of Drivers License penalty, in addition to fines
  1. First Offense
  2. Second Offense
  3. Third & Subsequent
  1. 90 days
  2. One Year
  3. Two Years
  


Additional Costs

  1. Reinstatement of license after suspension costs $50.  
  2. An occupational license, during loss of driving privileges, costs $40. This license severely limits when and where you may drive.

Auto Insurance Rates Go Up

Auto insurance rates may double or triple for 3 to 5 years after loss of license for an underage drinking law violation, even if you were not driving at the time of citation! And your parent's auto insurance coverage may be affected if your insurance is part of their policy.  

Your insurance company may learn that you've lost your license when they do a periodic check of customers or when you ask them for a "proof of financial responsibility certificate." Proof is required before the return of a "revoked license" or issuance an "occupational license."

What If I Don't Have A License?

The loss of license penalty can be invoked sometime in the future, whenever you apply for a drivers license. Driving privileges would be postponed from the time you make application.

How Long On My Record?

Underage drinking convictions stay on your state court record for 5 years! Multiple citations can impact future career opportunities because many prospective employers conduct background checks.  

Who Keeps Records of Convictions?

The Wisconsin Circuit Court system maintains a central file of all convictions and these records are available to anyone. This means law enforcement has access to all records, even if incidents occurred in a distant part of the state. See Wisconsin Circuit Court Access .

What About Underage Drinking and Driving?

Wisconsin Statute 346.63 (2M) states that if a person has not attained the legal drinking age, the person may not drive with a blood alcohol concentration of more than 0.0% BAC. This provision in the "Not A Drop" Law carries a mandatory three-month suspension of driving privileges in addition to other possible charges that may be brought under the "Drinking Age Laws."

A refusal to take a breath test, for blood alcohol concentration, by any motor vehicle operator, results in a one year revocation of license.

The basis for an OWI arrest may be the smell of intoxicants on your breath . A blood alcohol concentration of 0.08% BAC or higher subjects an underage driver to penalties under Wisconsin's Drunk Driving Law.

A Breath Test?

If a law enforcement officer can detect the smell of alcohol on a person's breath, that person may be asked to take a breath test, even if he or she was not driving at the time. Refusal to take a breath test by a non-driving underage person does not mean an automatic loss of license as would be the case for a driving underage person. But a law enforcement officer may issue an underage consumption citation based upon visual and olfactory evidence alone. If a person hasn't been drinking, the breath test will verify this fact.

An Option to Loss of License?

The Dunn County Circuit Court offers the option of an alcohol education program for violators of Drinking Age Laws. Not choosing the option will result in a minimum 90 day suspension of driving privileges.

This option requires attendance at an alcohol education program provided by UW-Stout's Alcohol and Other Drug Education Program or at Arbor Place, Dunn County . There is a fee to cover the cost of providing classes, but the fee may may be partially offset by a reduction in the fine levied by the court.

It Means Going to Court?

A mandatory court appearance will be required for most drinking age law violations. The police officer will make this determination. The officer will also provide information about court dates, times, and the location of the court.

What Happens in Court?

  1. Be prepared to spend a few hours at court. Sometimes it takes all morning to process the cases.
  2. Also be prepared to pay the fine as indicated on the citation.

Need More Information?

Local law enforcement agencies and The Dunn County Clerk of Courts Office can give you more information about the legal aspects of Drinking Age Laws.

For additional information about educational options, please contact: