How Are Underage OWI Charges Handled in Wisconsin?

 Posted on April 09, 2021 in OWI

We can all remember the times when we were teenagers. Finally being able to drive meant finally being able to have more independence from your parents, but it also meant taking on more responsibility than ever before. Operating a vehicle while you are under the influence (OWI) of drugs or alcohol is not only highly irresponsible, but it is also highly illegal. In Wisconsin, underage offenders who are caught driving while they are intoxicated face a variety of penalties that could potentially become serious. Being charged with a crime does not necessarily mean you will be convicted of one, but a Wisconsin criminal defense lawyer can help make sure you are not.

Wisconsin’s “Not a Drop” Law

One of the most important pieces of evidence in any OWI case is the driver’s BAC or blood-alcohol concentration. For drivers who are over the age of 21, the legal BAC limit is 0.08. In most states, the legal BAC limit for drivers under the age of 21 is set at a much lower threshold and Wisconsin is no exception. Wisconsin’s underage OWI law, also known as their “Not a Drop” law, states that the legal BAC limit for those under the age of 21 is 0.00, or no amount of alcohol. 

Possible Penalties

If the underage driver’s BAC is between 0.00 and 0.08, they will only face penalties for the absolute sobriety law. However, if their BAC is 0.08 or greater, they may face further consequences. The penalties for the absolute sobriety law, also known as the “Not a Drop” law, include a $200 fine, four demerit points on your driver’s license, and a three-month driver’s license suspension.

Many people may not realize it, but underage drivers can also be subject to the same penalties as adult drivers if their BAC is 0.08 or greater. This means the first offense with a BAC of 0.08 or more could mean another OWI charge, this time with fines of up to $300 and a driver’s license revocation of six to nine months.

Our New Berlin, WI Underage OWI Defense Attorneys Are Here to Help

As a parent, it can be devastating to get the call that your child has been drinking and driving. If you or your child is facing OWI penalties in Wisconsin, you should speak with a knowledgeable Waukesha County underage OWI defense lawyer today. At Bucher, Wolff & Sonderhouse, LLP, we can help you understand your options for your legal defense. To schedule a free consultation, call our office today at 262-232-6699. We answer our phones 24/7.

Sources:

https://wisconsindot.gov/Documents/safety/education/drunk-drv/owipenaltychart.pdf