The “Not a Drop” law in Wisconsin prohibits any driver under the age of twenty-one years old from driving a vehicle after the consumption of alcohol. Any underage driver with a BAC
from 0.0% to 0.08% can be charged with an underage OWI.
Although an underage OWI does not typically result in jail time, it does come with serious penalties consisting of fines and demerit points. The driver charged will generally receive a fine of $200, and if they had a passenger under the age of sixteen, a fine of $400.
Underage drivers charged with OWI in Wisconsin will also be given four demerit points on their driving record. These points can have the potential to cause an increase in insurance or make another ticket more likely in the future.
Underage drivers who are suspected of drinking and driving must submit to a breathalyzer test, although they are allowed to refuse if they are willing to face the penalty. If a driver refuses, they will incur a six-month license suspension, or a twelve-month license suspension if they had passengers under the age of sixteen. Upon refusal, a driver may be forced to have a blood test. If these results show an unlawful BAC, the driver will be charged with both a refusal and a failure.
If the underage driver fails a BAC test with anything over 0.0%, they face a three-month license suspension, or a six-month license suspension if they had a passenger in the car under the age of sixteen. If the driver tests with a BAC of 0.08% or higher, they will likely face standard OWI charges and penalties.
Do not drink and drive, especially if you are underage. If you find yourself being charged with an underage OWI, contact an experienced attorney to help you defend yourself in court.
