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Providing Alcohol to Minors in Wisconsin

By Attorney Carlos Gamino

Providing Alcohol to Minors in Wisconsin - Carlos Gamino

If you’re like many people, you know there are laws against providing alcohol to minors in Wisconsin. But what if you’re a bartender serving a family where the parents consent? What if you’re a parent whose child is hosting a party?

Here’s what you need to know.

Providing Alcohol to Minors in Wisconsin

Wisconsin law prohibits bars and restaurants from serving alcohol to minors, but it also says that people under the age of 21 can “possess and consume” alcoholic beverages if they’re with their parents, guardians or spouses of legal drinking age.

That doesn’t mean bars have to serve a minor in those circumstances, though. The bar can decline to serve minors for any reason.

However, if the minor is not with a parent, guardian or spouse who consents, you cannot provide that person with any alcohol. The minor might get an underage drinking ticket, but the person who provides the alcohol is in violation of the law. In fact, here’s what the law says:

“No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. No licensee or permitee may sell, vend, deal or traffic in alcohol beverage to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult’s control.” (There’s an exception for alcoholic beverages used exclusively as part of a religious service, such as communion wine.)

Related: Underage drinking in Wisconsin

If you provide alcohol to an underage person, and that person gets into an accident and injures another person, you could be facing a Class H felony. A Class H felony is serious – the punishment can include up to 3 years in prison with 3 years of extended supervision, as well as fines of up to $10,000.

Related: What are the penalties for underage drinking in Wisconsin?

Have You Been Accused of Providing Alcohol to a Minor?

If you’ve been accused of providing alcohol to a minor in Wisconsin, we may be able to help you. Call us at 414-383-6700 today to schedule your free consultation with an attorney – we’ll answer your questions and develop a strategy that gets you the best possible outcome.

Carlos Gamino

By |2020-03-20T08:00:43-05:00April 25th, 2020|Criminal Law|Comments Off on Providing Alcohol to Minors in Wisconsin

How Long Do Drinking Tickets Stay on Your Record in Wisconsin?

By Carlos Gamino

How Long Do Drinking Tickets Stay on Your Record in Wisconsin - Carlos Gamino

Underage drinking is pretty serious – and in Wisconsin, it can result in big fines. So how long do drinking tickets stay on your record in Wisconsin? Here’s what you need to know.

How Long Do Drinking Tickets Stay on Your Record in Wisconsin?

Underage alcohol conviction records of juveniles – people who are under the age of 17 – are usually pretty confidential. The Department of Transportation can’t disclose information about a suspension, revocation or restriction to anyone other than a court, district attorney, municipal prosecuting attorney, law enforcement agency, the underage individual, or the underage individual’s parents or legal guardians. However, you can get an underage drinking ticket if you’re between the age of 17 and 21 – and those aren’t nearly as private.

Underage drinking tickets will show up on your driving record, which can impact your car insurance rates. You might lose scholarships or face other school-related penalties, too. Additionally, your license can be revoked or suspended – especially if you receive more than one of these types of tickets.

Related: What to do if your child is accused of underage drinking in Wisconsin

Fines for Underage Drinking Tickets

If you’re caught drinking before you reach legal age, you face these penalties:

  • First offense: Fines between $250 and $500, a suspended driver’s license, community service
  • Second offense within 12 months of the first violation: Fines of between $300 and $500, community service, driver’s license suspension
  • Third offense within 12 months of the two previous violations: Fines of between $500 and $750, community service, driver’s license suspension
  • Fourth or subsequent offense within 12 months of three or more previous violations: Fines of between $750 and $1,000, community service, suspension of driver’s license

Related: Penalties for underage drinking in Wisconsin

What if You’re Accused of Underage Drinking?

If you’ve been accused of underage drinking, your best bet may be to talk to a lawyer who can help you make sense of what you’re facing. Call us at 414-383-6700 now to schedule your free consultation. We’ll talk about how long the ticket will stay on your record and answer your questions, and if we decide to work together, we’ll start developing a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By |2020-03-20T07:56:39-05:00April 20th, 2020|Criminal Law, Juvenile Law|Comments Off on How Long Do Drinking Tickets Stay on Your Record in Wisconsin?

What to Do if Your Child is Charged With Underage Drinking

What if Your Child is Arrested for Underage Drinking - Carlos Gamino

By Carlos Gamino

As a Milwaukee lawyer who’s also a parent, I understand what it’s like to worry about your children. If your child is arrested for underage drinking in Wisconsin, especially in Milwaukee or Waukesha, here’s what you need to know.

What to Do if Your Child is Arrested for Underage Drinking

First things first: Get in touch with an attorney who can work within the legal system on behalf of your child. Your attorney will figure out what really happened, including what led up to the incident, and build a defense that gets your child the best possible outcome.

Stay calm, too. Underage drinking isn’t the end of the world for your child. If your child hasn’t been in any trouble with the law before, your attorney may be able to argue that his or her spotless record is enough to indicate that your child isn’t a “wayward” teen or a troublemaker. While there’s no way to guarantee how a judge will rule, it’s helpful to know that many minors are cited for underage drinking and that’s the end of it.

Underage Drinking in Wisconsin: What You Need to Know

Possession and consumption of alcohol by a minor – someone under the age of 21 – is illegal in Wisconsin except in certain circumstances. The exceptions include when the minor is with a parent or a spouse.

Criminal charges can arise when the minor uses a fake ID to purchase alcohol, though, just as they can when the child drinks and drives.

Penalties for underage drinking can include the loss of driving privileges (even if the minor didn’t drive while intoxicated), fines, and court-ordered supervision. The penalties can be more severe, depending on your child’s circumstances. However, you may find it helpful to know that the Department of Transportation does not disclose information about a juvenile’s underage alcohol conviction to anyone but the court, district attorney, prosecutor, law enforcement agency, the minor, and his or her parents or guardians.

Penalties are different for juveniles, who are children under the age of 17, and what the law defines as underage minors (those who are between the ages of 17 and 20).

Do You Need to Talk to an Attorney About Your Child’s Underage Drinking Charges?

You may find it helpful to talk to a Milwaukee attorney who understands what you – and your child – are up against. If your child has been accused of underage drinking, OWI, or any other alcohol-related offense, we may be able to help.

Call us at 414-383-6700 to let us know what’s going on during your free case review. We’ll start developing a strategy that helps your child deal with this issue and gives you the peace of mind you need right now.

Carlos Gamino

By |2019-11-24T12:33:26-06:00November 24th, 2019|Juvenile Law|Comments Off on What to Do if Your Child is Charged With Underage Drinking

What Are the Penalties for Underage Drinking in Wisconsin?

What Happens if You're Caught Underage Drinking in Wisconsin

By Carlos Gamino

Underage drinking is serious in Milwaukee, Waukesha, and elsewhere in Wisconsin—and doing so could get you into serious trouble, create a permanent criminal record for you, and follow you around for the rest of your life.

What is Underage Drinking?

The term underage drinking refers to the drinking of alcohol by someone who hasn’t reached the age of 21. If you’re not yet 21, you can get into trouble for drinking in a bar, drinking at a friend’s house, or even drinking in your own home. Every case is different, but many people who are accused of this type of crime find it helpful to consult with a Milwaukee underage drinking attorney who handles juvenile cases and understands how the laws apply differently in specific age groups.

Alcohol and Related Offenses in Wisconsin

If you’re under the age of 21, you’re not supposed to drink alcohol. If you’re caught, charged, and convicted, you could face a $200 fine and a 3-month driver’s license suspension. You could also be charged and convicted of:

  • Misrepresenting your age to buy alcohol
  • Possessing or consuming alcohol
  • Using a fake ID to buy alcohol
  • Having intoxicants in your vehicle

What Should You Do if You’re Charged With an Underage Drinking Crime?

For most people, it makes sense to get in touch with an underage drinking lawyer who works in Milwaukee and Waukesha as soon as possible after being charged with this type of crime. Because the penalties can be so severe, and because a conviction could hang over your head for the rest of your life, it may be a good idea for you, too.

Call us at 414-383-6700 for a free underage drinking case evaluation. We’ll give you case-specific legal advice and begin developing a defense strategy right away.

Carlos Gamino

By |2019-11-24T08:33:37-06:00November 24th, 2019|Criminal Law|Comments Off on What Are the Penalties for Underage Drinking in Wisconsin?