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What is Wisconsin’s ‘Not a Drop’ Absolute Sobriety Law?
The state of Wisconsin has a zero-tolerance policy for drivers under the age of 21 who have consumed alcoholic beverages. The law, sometimes known as the Not a Drop alcohol law, requires absolute sobriety from drivers under the age of 21 behind the wheel of a motor vehicle. Under this law, it is illegal for anyone underage to drive a motor vehicle after consuming any amount of alcohol. Whereas other states allow a certain amount of alcohol to be detectable in a driver’s system (though usually far less is allowed than drivers over age 21), the same does not apply in Wisconsin. If you are under the age of 21, you must not drink and drive, no matter how little you have drunk.
In most states, drunk driving charges are referred to as DUI charges (driving under the influence). In Wisconsin, the legal term is actually OWI (operating while intoxicated). When you are charged with an OWI offense, you will receive two tickets from the arresting officer. One ticket is for having a prohibited alcohol concentration (PAC), and the other is for operating while intoxicated.
According to the law, a person may be considered operating a vehicle when controlling any part of the vehicle needed to make the car move. This means that you may be charged with operating while intoxicated just for sitting in the driver’s seat of a parked car with the engine running, so long as you have a drop of alcohol in your system. The automobile does not need to be moving for you to be charged with an OWI offense.
You may be charged with an OWI offense for operating ATVs, boats, snowmobiles, riding lawnmowers, and other motorized vehicles while under the influence.
Can Underage Drivers Refuse a Breathalyzer Test?
When an underage driver is stopped by law enforcement on suspicion of driving under the influence of alcohol, they may be asked to submit to a breath test. Drivers have the legal right to deny submitting to a breathalyzer test. However, doing so could result in facing a driver’s license suspension of up to six months. The suspension may last a year if the motorist was under the age of 16 at the time of the traffic stop.
If the underage driver submits to the test and blows breath with an alcohol concentration of 0.00%, they may be in the clear. However, any blood alcohol concentration above 0.00% could result in charges and penalties for the underage driver.
What Are the Consequences of an Underage DUI/OWI in Wisconsin?
The penalties for driving under the influence of alcohol while underage depend on several different factors surrounding your case, including whether or not you have any prior criminal history. In most cases, underage drunk drivers facing their first OWI offenses will not receive jail time. However, jail time is a possibility, as are costly fines.
If convicted of an underage OWI, the defendant may face the following penalties:
- A driver’s license suspension of up to six months
- Fines of up to $500
- Mandatory completion of an alcohol assessment or treatment program
- The installation of an ignition interlock device on the motor vehicle
Additional infractions may increase the fines and the length of driver’s license suspension.
If the suspect had prior convictions or if someone was injured or killed as a result of drunk driving, the OWI may be charged as a felony offense. Those facing felony charges must retain professional legal counsel from experienced criminal defense attorneys.
In addition to the court-ordered financial penalties, potential jail time, and more, other consequences to keep in mind include increased insurance premiums. Underage DUIs and OWIs in Wisconsin often result in increases of hundreds of dollars in insurance rates.
What Additional OWI Penalties Could an Underage Drunk Driver Face?
In addition to facing charges for underage drinking, you may also be asked to contend with normal OWI charges that apply to motorists above the age of 21. These charges will vary depending on the severity of the incident and the number of prior criminal convictions. First-time offenders may face fines of up to $300 and driver’s license suspensions of up to nine months.
What Happens to Repeat Underage Offenders?
Wisconsin law has harsher penalties for repeat OWI offenders. If you are convicted of a second DUI offense in Wisconsin, your penalties could include up to six months in jail, fines of up to $1100, revocation of your driver’s license for up to 18 months, the installation of an ignition interlock device, drug and alcohol assessment programs, and potential travel bans to Canada.
For third OWI offense in Wisconsin, you may face penalties and fines including up to a year in jail, $2000 in fines, a licensed revocation of up to three years, ignition interlock device installed for up to three years, and more.
Fourth and fifth OWI offenses are charged as felonies in Wisconsin. They come with severe penalties. If you are facing an OWI felony charge, you must retain professional legal representation from an experienced DUI defense attorney. Please contact our law firm for legal assistance.
Contact Us to Schedule Your Initial Consultation Today
If you or a young family member are facing criminal charges for driving under the influence of alcohol or drugs, it is imperative that you contact the DUI defense attorneys for experienced legal guidance. Our law firm has extensive experience representing clients in complex DUI/OWI cases, and we would be proud to represent your legal rights as you seek to defend your name and reputation against the charges made against you.
To learn more about how we may be of assistance to you and your family during this difficult time, please get in touch with our law firm to schedule an in-depth case evaluation today. In your case review, we will review your legal options and help you determine the right path forward as you pursue the optimal outcome for your DUI case. You may reach us at 608-975-3042.
