This page will help you understand Wisconsin alcohol laws and avoid expensive fines or even jail. Not to mention time and embarrassment.
Wisconsin alcohol laws express the will of the state’s residents. But they also apply to visitors. Visitors may forget that Wisconsin drinking laws may be different from the ones they know.
I. Minimum Age Laws
II. More Alcohol Laws
IV. Legal Advice
An example. Furnishing alcohol to someone under 21 could lead to life-long effects. Conviction might prevent a person from going into law enforcement, education, social work, law, or other professions. Nor knowing the law is not a legal defense.
I. Minimum Age Laws
Many young people want part-time jobs. Many are in hospitality. People may want to know the ages needed for these jobs. Many involve working with alcohol. What are the required ages for bartenders, servers, and cashiers selling alcohol?
Wisconsin alcohol laws permit adults of any age to be servers or bartenders. That’s in any venue that sells alcohol for drinking on-site. The laws also permit adults of any age to sell alcohol in stores for off-site consumption. That means that those who are 18 or older my hold these jobs.
Those of any age under 21 may drink with a parent, guardian, or spouse present. They may do so in any location where drinking by persons age 21 or older may legally drink. This would include such venues as homes, restaurants, bars, etc.
Many parents model good drinking behavior and teach their offspring to drink in moderation.
But no one under 21 may buy alcohol. Under Wisconsin alcohol laws it is a crime to buy alcohol with a false ID. It is also illegal for those under 21 to drive with any alcohol in their system. Their blood alcohol concentration (BAC) must be 0.00%.
II. More Wisconsin Alcohol Laws
A. Selling Alcohol
Grocery stores may sell beer, wine, and distilled spirits. Spirits are bourbon, rum, gin, vodka, tequila, whiskey, etc.
Alcohol-licensed businesses may sell beer from 6:00 a.m. until 12:00 a.m. any day of the week. Retailers may sell wine and spirits from 6:00 a.m. until 9:00 p.m. daily.
However, no one may sell alcohol at any time in Ephraim, Wisconsin. That’s because it’s totally dry.
Parents guardians may buy alcohol for their offspring of any age in in any restaurant or other licensed venue. However, the person under 21 must consume it in the presence of the parent or guardian. Or a spouse 21 or older may purchase for a younger partner. But service is at the discretion of the licensee.
B. Buying Alcohol
It’s illegal for anyone under 21, including adults, to buy alcohol. Or to attempt to buy it. This includes the use of a false ID.
Any drinking age conviction stays on the offender’s record for five years. This can have negative impact on educational and career choices.
C. Driving and Alcohol
Wisconsin alcohol laws concerning motor vehicles are the most complicated of any state. Drivers are guilty of operating while intoxicated (OWI) under any of these conditions.
(1) Be under the influence of of an intoxicant so their ability to drive is impaired.
(2) Have a BAC of 0.08% or more. Wisconsin calls this the prohibited alcohol concentration (PAC). The PAC is 0.08% or more for first, second, and third offenders. However, it drops to 0.02% for fourth and later offenses. It’s also that for all drivers forced to use an ignition interlock device on their vehicles.
(3) Have a detectable amount of any restricted controlled substance in their blood.
Most states set the limit at 0.02%. There are several reasons they do this. One reason is breath tester unreliability. In fact, they don’t actually measure BAC. They only estimate it.
Another reason is that every person’s body produces alcohol 24/7. A third is that many meds as well as foods contain alcohol.
Therefore, setting the limit at 0.02% helps reduce chances of convicting innocent people.
About OWI Penalties
- All convictions for those 21 and over carry a $435 OWI surcharge.
- An Excessive BAC Escalator occurs for all third or subsequent OWI convictions. As a result, the state increases forfeitures and fines based on BAC level.
- They’e doubled if the BAC was between 0.17% and 0.199%. If the BAC was between 0.20% and 0.249%, they’re tripled. And if it was 0.25% or higher, they’re quadrupled.
- The “Safe Street” option is a modified probation available for certain second, third, fourth OWI offenses. It may also be available for a first offense causing injury to another. The state reduces mandatory jail sentences if offenders complete probation. That includes alcohol and drug treatment. The “Safe Street” option is available only once in a person’s life.
An ignition interlock device (IID) prevents a vehicle from starting if there is alcohol on the driver’s breath. The state imposes it for certain OWI offenses.
For a first OWI offense with a BAC of 0.08% to 0.149% the fine is $150 to $300. The state revokes the driver’s license for six to nine months. If the BAC is 0.15% or higher, there’s an additional penalty. It’s an IID or 24/7 sobriety program for one year.
If anyone age 15 or younger was in the vehicle, there’s a jail sentence of five days to six months. In addition, the IID is for 12 to 18 months after the imprisonment.
These are the penalties for a BAC ≥ 0.08 with no OWIs within ten years. And with no Great Bodily Harm or Homicide by Intoxicated Use offenses during offender’s life. The state revokes the license for six to nine months and the fine is $150 to $300.
If the BAC was 0.15% or higher, there’s also an IID or 24/7 sobriety program for one year.
However, if anyone age 15 or younger was in the vehicle, jail is five days to six months. The Safe Streets option may be available. Fines increase to $350 – $1100. The state requires use on an IID for 12 to 18 months after release.
For a third OWI offense with a BAC of 0.08% or over the fine is $600-2,000. Jail is 45 days to one year. The license revocation is for 12 to 18 months after release. The Safe Streets option might be available
If there was anyone age 15 or younger in the vehicle, jail is 90 days to two years. The fine increases to $1,200 – $4,000. And the state requires use of an IID for four to six years after release.
A fourth conviction can result if a driver has a BAC over 0.02%. Jail is from 60 days to six years. The fine is $600 – $10,000. Safe Streets option might be available. License revocation is one to three years after release.
If anyone under age 16 was in the vehicle, prison is for at least 120 days. However, it could be for up to 12 years. The fine is $1,200-20,000. Revocation is for two to three years after prison. After license re-issue, the state requires an IID or 24/7 sobriety program for one to three years. Of course, the offender pays all such costs.
The U.S. Constitution grants drivers the right to decline taking breathalyzer tests. However, Wisconsin punishes those who use their right. The state suspends their driving license, fines them, and sometimes jails them.
Importantly, punishments do not apply to refusing a field sobriety test. These tests are highly unreliable. In fact, 30% of people with a BAC of 0.00% fail them under ideal conditions. That is, about one of three completely sober people fail them.
However, drivers stopped by police are not even under ideal conditions. Far from it! They’re frightened. The test is usually done at night on an an uneven surface with cars rushing past. The police car’s lights are flashing. It’s very confusing. Of course the driver’s very nervous. But that makes following directions even harder. But not following directions perfectly is seen as evidence of impairment!
For these reasons, DUI lawyers strongly recommend not taking them. They say to decline politely but firmly. And to do so as often as necessary.
However, that may take strong willpower. That’s because many police falsely say the law requires drivers to take the test. But that’s not true. In fact, not a single state in the U.S. requires it.
Or officers tell drivers they can prove their innocence by taking the test. But drivers don’t need to prove their innocence. To the contrary. It’s the state that has the burden to prove that drivers are guilty.
Police love the tests. They pull drivers over if they suspect OWI. Then they use a highly subjective test to see if they were right to stop the driver. Surprise! Most drivers fail in the eyes of the police.
In addition, police can legally lie while investigating. So don’t be a sucker and fall for it.
Learn more at Never Take a Field Sobriety Test Say DUI Lawyers.
D. Boating and Alcohol
Wisconsin alcohol laws prohibit anyone from boating under the influence (BUI) of alcohol or drugs. More specifically, they may not operating a motorboat or ride water skis or similar devices.
“Under the influence” is having a BAC of 0.08 or higher. Or it’s being incapable of operating safely because of alcohol and/or drugs
A first BUI offense brings a fine of $150 to $300. A second within five years is a fine of at least $300. But it could be up to $1,000. A judge may also order imprisonment. Note that any additional BUI convictions increase penalties.
In addition, convictions require completion of an Alcohol and Drug Assessment. Also, a judge may order a boating safety course.
Operators may use their Constitutional right to refuse a BAC chemical test. But the state will punish them if they do. They face driving license suspension, fines, and possible imprisonment.
III. Resources on Wisconsin Alcohol Laws
- State Code
- Administrative Code
- Legislative Information
- Supreme Court Opinions
- Court of Appeals Opinions
- Attorney General Opinions
- State Bar of Wisconsin
IV. Legal Advice
Laws can be hard to understand. For example, here’s a clarification about a law summarized above.
No person, including a member of the licensee’s or permittee’s immediate family, other than the licensee, permittee or agent may serve fermented malt or alcohol beverages in any place operated under a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” license or permit unless he or she has an operator’s license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator’s license, who is on the premises at the time of the service.
Wisconsin alcohol laws can be dense. With law, the devil is in the details. Lawyers study for years in law school. Law isn’t a DIY project.
Alcohol attitudes and enforcement vary across the state. Therefore, it’s a good idea to select a lawyer who practices in the locale of concern.
At this point you know much more about Wisconsin alcohol laws by far than most residents. Congratulations!