OWI with Minor Passenger in Wisconsin
Charged with OWI While a Minor Was in the Vehicle? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.
Understanding OWI with a Minor Passenger in Wisconsin
In Wisconsin, an Operating While Intoxicated (OWI) offense becomes significantly more serious if a person under the age of 16 was a passenger in the vehicle at the time of the alleged offense. The presence of a minor does not create a separate charge, but it automatically enhances the penalties associated with the underlying OWI.
Under Wisconsin law, this enhancement applies to every OWI level, including a first offense. As a result, conduct that would otherwise be treated as a civil forfeiture becomes a criminal misdemeanor, with mandatory jail exposure, increased fines, and longer license revocation periods.
At Chirafisi Anderson, S.C. we defend clients charged with OWI with a minor passenger throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Dodge, Columbia, Sauk, Iowa, and Green Counties. We know how these enhancements are charged, how they are proven, and how they can be challenged.
Learn more about our Wisconsin OWI defense practice.
How Wisconsin Law Enhances OWI Charges When a Minor Is Present
Under Wis. Stat. § 346.65(2f), the presence of a minor passenger does not create a separate offense. Instead, it enhances the penalties for the underlying OWI charge. This enhancement applies automatically if the State proves the statutory requirements.
Key points to understand:
- Applies to all OWI levels. The enhancement applies to first offenses through repeat felony OWIs.
- Minor defined as under 16. The statute applies if any passenger in the vehicle was under age 16 at the time of operation.
- Penalty enhancement, not a new charge. The OWI level remains the same, but jail, fines, and revocation periods are doubled.
- First offense becomes criminal. A first-offense OWI with a minor passenger is charged as a criminal misdemeanor, not a civil forfeiture.
- Relationship does not matter. The enhancement applies even if the minor is your own child or family member.
- Proof is required. The State must establish the minor’s age and presence at the time of operation through admissible evidence.
This statutory framework explains why OWI cases involving a minor passenger carry significantly higher exposure and why early challenges—particularly to proof of the child’s age, presence in the vehicle, and the legality of the stop—can materially affect how the case is charged and resolved.
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What the State Must Prove to Convict for OWI With a Minor Passenger
To secure a conviction for OWI with a minor passenger, the State must prove each element beyond a reasonable doubt:
- You operated a motor vehicle on a public roadway;
- You were under the influence of an intoxicant at the time you operated the motor vehicle; and
- A person under 16 years old was a passenger in the vehicle at the time of operation.
If the prosecution fails to prove any one of these elements, the enhancement cannot apply.
Learn more about Operating with a prohibited alcohol concentration (PAC) and Operating with a restricted controlled substance charges which are commonly associated with OWI offenses.
Penalties for OWI with a Minor Passenger in Wisconsin
Under Wis. Stat. § 346.65(2f), the presence of a passenger under 16 years old automatically enhances the penalties for an OWI offense. The enhancement applies in addition to the penalties for the underlying OWI level and results in double exposure for jail or prison time, fines, and license revocation.
|
OWI Level |
Normal Penalty |
Enhanced Penalty (with Minor Under 16) |
|---|---|---|
|
1st Offense |
Civil forfeiture – $150 – $300 + costs & surcharge, 6 – 9 month revocation, IID required if BAC ≥ 0.15, AODA |
Criminal Misdemeanor – $350-$1,100, 5 days – 6 months jail, 12-18 month revocation, IID required if BAC ≥ 0.15, AODA |
|
2nd Offense |
5 days – 6 months jail, fine of $350-$1,100 +costs and surcharge, 12-18 month revocation and IID, AODA |
10 days – 1 year jail, fine of $700-$2,200, 24-36 month revocation and IID, AODA |
|
3rd Offense |
45 days – 1 year jail, $600-$2,000 + costs and surcharge, 24-36 month revocation and IID, AODA |
90 days – 2 years jail, $1,200-$4,000 + costs and surcharge, 48-72 month revocation and IID, AODA |
|
4th Offense |
60 days – 6 years imprisonment, $600-$10,000 + costs and surcharge, 24-36 month (possible lifetime) revocation and IID, AODA |
120 days – 12 years imprisonment, $1,200-$20,000 + costs and surcharge, 48-72 month (possible lifetime) revocation and IID, AODA |
|
5th or 6th Offense |
1.5 years – 10 years imprisonment, $600-$25,000 + costs and surcharge, 24-36 month (possible lifetime) revocation and IID, AODA |
3 years – 20 years imprisonment, $1,200-$50,000 + costs and surcharge, 24-36 month (possible lifetime) revocation and IID, AODA |
|
7th, 8th, or 9th Offense |
3 years – 12.5 years imprisonment, up to $25,000 + costs and surcharge, 24-36 month (possible lifetime) revocation and IID, AODA |
6 years – 25 years imprisonment, up to $50,000 + costs and surcharge, 48-72 month (possible lifetime) revocation and IID, AODA |
For sentencing examples and county-level variations, see our Wisconsin OWI Sentencing Guidelines
Key Penalty Consequences
- Jail or prison exposure increases at every OWI level
- A first-offense OWI becomes criminal
- License revocation periods are extended
- IID and AODA requirements apply
- Penalties increase further if:
- BAC was elevated
- There are multiple prior OWIs
- The case involves injury or great bodily harm
Courts treat these cases aggressively because they combine OWI allegations with child-safety concerns. However, the enhancement is not automatic—the State must still prove the factual basis for applying it.
Learn more about ignition interlock requirements and how to obtain an occupational license in Wisconsin.
Defense Strategies for OWI with a Minor Passenger
OWI with a minor passenger cases rise or fall on proof of the enhancement and the legality of the underlying OWI investigation. Our defense focuses on the narrow issues that actually decide these cases.
Challenging the Minor-Passenger Enhancement
The State must prove that a person under 16 years old was a passenger at the time of operation. Prosecutors often rely on assumptions rather than admissible proof.
We challenge:
If the enhancement fails, penalties revert to the standard OWI level.
Suppressing OWI Evidence
The enhancement cannot stand if the OWI charge itself is weakened or dismissed.
We examine:
Suppression of OWI evidence frequently results in dismissal or charge reduction. Learn more about OWI defenses at our OWI dismissal and defenses page.
Mitigation and Charge Reduction
Even where evidence exists, outcomes are not automatic. We pursue:
Why Hiring an OWI With a Minor Passenger Lawyer Matters
Facing an OWI charge involving a minor passenger is serious. These cases carry enhanced penalties, immediate criminal exposure—even on a first offense—and long-term consequences that extend beyond the courtroom. Prosecutors pursue them aggressively, and mistakes early in the case can permanently affect your record, freedom, and family.
The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to challenge both the OWI charge and the minor-passenger enhancement at every stage of the case.
OWI with Minor Passenger Results
Take Action Today – Protect Your Rights
An OWI with a minor passenger charge carries enhanced penalties, criminal exposure, and long-term consequences—but the enhancement is not automatic, and the case can be defended. Early legal intervention is critical.
If you or a loved one is facing an OWI with a minor passenger allegation, speak with an experienced OWI defense attorney as soon as possible. We offer free consultations and represent clients throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Dodge, Columbia, Sauk, Iowa, and Green Counties.