Underage Drinking In Wisconsin

In Wisconsin, as of January 2025, 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.

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Wisconsin's Strict Penalties for Underage DUIs/OWIs

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.

1st Time Offense (2025)

Fines: Between $200 and $400

License Revocation: 6-9 months (may be reduced with an Ignition Interlock Device (IID)

Mandatory Alcohol Assessment & Education Program

2nd Time Offense (2025)

Fines: Between $300 and $1,000

License Revocation: 1 year or more

Jail Time: Up to 1 year

Mandatory IID Installation if BAC was 0.15 or higher

3rd Time Offense (2025)

Fines: $600 and $2,000

License Revocation: 2 to 3 years

Jail Time: 45 days to 1 year

Mandatory IID Installation for all offenders

Felony Charges may apply for 4th and subsequent offenses

Under Wisconsin’s Absolute Sobriety Law, there is no tolerance for drivers under 21 to have any traceable 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.

What’s the Minimum BAC for a Minor to Get an OWI in Wisconsin?

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.

Is Underage Drinking a Misdemeanor or Felony?

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.

What Happens if You Get Caught Drinking Under 21 in Wisconsin?

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 multiple times in the same year, the punishment increases as follows:

2nd in a year: $200-$300
3rd in a year: $300-$500
4th & subsequent in a year: $500-$1000

Impact of Underage Drinking on Wisconsin College Students

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.

Exceptions to Underage Drinking Laws in Wisconsin

In Wisconsin, individuals under 21 can legally consume alcohol in bars and restaurants if accompanied by a parent, guardian, or spouse of legal drinking age. However, establishments retain the right to refuse service to underage individuals. This exception applies to all minors and individuals between the ages of 18 and 20.

Wisconsin is one of 31 states that allow family members to legally provide alcohol to those who are below the legal drinking age. In May 2023 Republican Wisconsin lawmakers introduced a bill that would change state law to allow people as young as 14 to serve alcohol in bars and restaurants, but currently, only adults 18 and over can serve alcohol in Wisconsin. No votes have been taken.

Can You Drink under 21 with a Parent in Wisconsin in 2025?

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's Alternative Programs for Underage Drinking Offenses

Wisconsin offers several alternative programs and penalties for underage drinking offenses, particularly for first-time offenders:

Underage Drinking Deferred Prosecution Accountability Program: Available in Kenosha County, this program allows eligible offenders to avoid conviction by completing certain requirements.
Online Minor in Possession (MIP) Classes: Wisconsin offers various levels of online MIP courses, ranging from 6 to 24 hours, which can fulfill court requirements or serve as an educational tool.
Deferred Prosecution Agreements: Some municipal jurisdictions offer DPAs for first-time underage drinking offenders. If a DPA is offered, an individual agrees to meet certain conditions over a period of time to avoid an underage drinking conviction.
Juvenile Alcohol and Other Drug Abuse (AODA) Education: 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.
First Time Offender Program: 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.

How Underage Drinking Arrests Are Handled in Wisconsin

Citation vs. Arrest: Most underage drinking incidents result in a citation rather than a formal arrest. The offender is usually issued a ticket at the scene.
Penalties: First-time offenders typically face fines of $250-$500, license suspension of 30-90 days, and 4 demerit points on their driving record.
Court Appearance: In some jurisdictions, court appearance is mandatory. Failure to appear can result in automatic conviction, license suspension, and fines.
Alternative Programs: Many counties offer diversion programs or alternative penalties for first-time offenders, such as alcohol education classes or community service.

Transporting Alcohol Under the Age of 21

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.

As of 2025, 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).

Social Host Law Punishes Adults Who Allow Underage Drinking

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.

Wisconsin's Underage Drinking Rates Remain High

Despite a downward trend in underage drinking, Wisconsin continues to surpass the national average. In 2019, 17.8% of Wisconsin youth aged 15-17 reported consuming alcohol in the past month, significantly higher than the national rate.

More recent data from 2021-2022 shows that 10.2% of Wisconsin children aged 12-17 reported drinking alcohol in the past month, ranking the state last in the nation for this metric. This persistent issue underscores the need for continued prevention efforts and parental involvement in addressing underage drinking in Wisconsin.

How to beat an underage drinking charge

What should I do if I was charged with Underage Drinking or Possession in Wisconsin?

It’s not impossible to beat or lessen the charges associated with an underage drinking or possession ticket.

1. Check if the arresting officer had probable cause to stop or question you.

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.

2. The Alcohol belongs to someone else.

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.

3. Your 4th amendment rights were ignored.

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.

You are only guilty
if you are convicted.^®

Underage Drinking In Wisconsin

Wisconsin's Strict Penalties for Underage DUIs/OWIs

1st Time Offense (2025)

2nd Time Offense (2025)

3rd Time Offense (2025)

What’s the Minimum BAC for a Minor to Get an OWI in Wisconsin?

Is Underage Drinking a Misdemeanor or Felony?

What Happens if You Get Caught Drinking Under 21 in Wisconsin?

Impact of Underage Drinking on Wisconsin College Students

Exceptions to Underage Drinking Laws in Wisconsin

Can You Drink under 21 with a Parent in Wisconsin in 2025?

Wisconsin's Alternative Programs for Underage Drinking Offenses

How Underage Drinking Arrests Are Handled in Wisconsin

Transporting Alcohol Under the Age of 21

Social Host Law Punishes Adults Who Allow Underage Drinking

Wisconsin's Underage Drinking Rates Remain High

How to beat an underage drinking charge

What should I do if I was charged with Underage Drinking or Possession in Wisconsin?

1. Check if the arresting officer had probable cause to stop or question you.

2. The Alcohol belongs to someone else.

3. Your 4th amendment rights were ignored.

Grieve Law Criminal Defense Lawyers

Divergent Family Law Attorneys

You are only guilty if you are convicted.®

Underage Drinking In Wisconsin

Wisconsin's Strict Penalties for Underage DUIs/OWIs

1st Time Offense (2025)

2nd Time Offense (2025)

3rd Time Offense (2025)

What’s the Minimum BAC for a Minor to Get an OWI in Wisconsin?

Is Underage Drinking a Misdemeanor or Felony?

What Happens if You Get Caught Drinking Under 21 in Wisconsin?

Impact of Underage Drinking on Wisconsin College Students

Exceptions to Underage Drinking Laws in Wisconsin

Can You Drink under 21 with a Parent in Wisconsin in 2025?

Wisconsin's Alternative Programs for Underage Drinking Offenses

How Underage Drinking Arrests Are Handled in Wisconsin

Transporting Alcohol Under the Age of 21

Social Host Law Punishes Adults Who Allow Underage Drinking

Wisconsin's Underage Drinking Rates Remain High

How to beat an underage drinking charge

What should I do if I was charged with Underage Drinking or Possession in Wisconsin?

1. Check if the arresting officer had probable cause to stop or question you.

2. The Alcohol belongs to someone else.

3. Your 4th amendment rights were ignored.

Grieve Law Criminal Defense Lawyers

Divergent Family Law Attorneys

You are only guilty
if you are convicted.^®