A young person may think an alcohol-related traffic stop will not become a serious legal matter if no crash occurred, no one suffered an injury and the driver did not feel drunk. Wisconsin law, however, looks beyond those circumstances. For someone younger than 21, even a small amount of alcohol can create an OWI-related offense.
That can make an underage OWI case different from what a young driver might expect. Under Wisconsin’s Absolute Sobriety law, §346.63(2m), a person younger than 21 generally violates the law by driving when alcohol remains detectable in their system. The rule can apply before a driver reaches the alcohol concentration level associated with impaired driving.
What can make an underage OWI serious?
The potential consequences depend on the circumstances and the specific Wisconsin law involved. A case involving detectable alcohol may differ from one alleging that the driver operated while impaired. A driver’s previous record and the details of the incident can also affect what penalties may apply.
An underage OWI case may involve:
- A suspension of driving privileges: An OWI-related offense can lead to a suspension or revocation of driving privileges. Some drivers may qualify for an occupational license that permits limited driving for approved purposes.
- Financial penalties: Depending on the offense, a conviction may result in fines or forfeitures along with other costs.
- Alcohol or drug assessment: Wisconsin generally requires a person convicted of OWI to complete an assessment. The person may also need to follow a Driver Safety Plan.
- Ignition interlock requirements: Certain OWI convictions can require an ignition interlock device, including some first-offense cases involving a high alcohol concentration.
For a young driver, these consequences can affect more than the ability to drive. They may also create practical problems with getting to school, work or other regular commitments.
What should a young driver know about an OWI?
Wisconsin’s under-21 rule changes how the law treats drinking and driving. A driver does not have to reach the alcohol concentration threshold for a standard OWI before alcohol can become a legal issue. The outcome depends on the charge, the available evidence and the driver’s circumstances.
If police charge you or your child with an underage OWI, a Wisconsin attorney can explain how the applicable law affects the case and what options may exist.