Absolute Sobriety Law in Wisconsin
Charged with violating Wisconsin’s absolute sobriety law? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.
Understanding Underage OWI and Absolute Sobriety in Wisconsin
Wisconsin enforces a strict absolute sobriety law for drivers under the legal drinking age. If you are under 21, you may be cited for an alcohol-related driving offense even if your blood alcohol concentration (BAC) is far below the standard legal limit for adults.
Unlike a standard OWI, an underage alcohol offense does not require proof of impairment. Any detectable alcohol concentration above 0.0 may result in penalties, including suspension of driving privileges. In certain circumstances—such as refusal to submit to chemical testing or the presence of aggravating factors—the consequences can escalate quickly.
At Chirafisi Anderson, S.C., we defend underage drivers charged under Wisconsin’s absolute sobriety law throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Dodge, Columbia, Sauk, Iowa, and Green Counties. These cases often involve misunderstandings about what the law actually prohibits, how penalties apply, and whether the charge will affect future OWI exposure.
Learn more about our Wisconsin OWI defense practice.
Statutory Definition of Underage OWI and Absolute Sobriety in Wisconsin
Wisconsin’s absolute sobriety law is set forth in Wis. Stat. § 346.63(2m). Under this statute, a person who has not attained the legal drinking age may not operate a motor vehicle with an alcohol concentration greater than 0.0 but not more than 0.08.
This offense is distinct from Operating While Intoxicated under Wis. Stat. § 346.63(1). The State is not required to prove impairment. A violation is established solely by the presence of alcohol in the driver’s system above 0.0, as shown by chemical testing.
A conviction for violating the absolute sobriety statute results in a mandatory suspension of operating privileges under Wis. Stat. § 343.30(1p). The standard suspension period is three months, and it increases to six months if a minor passenger under the age of 16 was present in the vehicle at the time of the offense.
Importantly, a violation of Wis. Stat. § 346.63(2m) is not counted as a prior OWI conviction for purposes of penalty enhancement under Wis. Stat. § 343.307. This distinction can be critical when evaluating long-term consequences and future OWI exposure.
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What the State Must Prove for an Underage OWI / Absolute Sobriety Violation
To establish a violation of Wisconsin’s absolute sobriety law under Wis. Stat. § 346.63(2m), the State must prove each of the following beyond a reasonable doubt:
- Operation of a motor vehicle — You operated or controlled a motor vehicle on a public roadway;
- Underage status — At the time of operation, you had not attained the legal drinking age; and
- Detectable alcohol concentration — At the time of operation, your alcohol concentration was greater than 0.0.
The State is not required to prove impairment, unsafe driving, or that alcohol affected your ability to operate a vehicle. These cases typically rely entirely on chemical test results or, in some circumstances, admissible admissions.
Learn more about Operating with a prohibited alcohol concentration (PAC) and Operating while intoxicated (OWI) charges which are commonly associated with Absolute Sobriety charges.
Penalties for Underage OWI and Absolute Sobriety Violations in Wisconsin
Penalties for violating Wisconsin’s absolute sobriety law are primarily license-based, not criminal. Unlike a standard OWI, an underage alcohol violation under Wis. Stat. § 346.63(2m) is a civil offense, but it still carries mandatory operating privilege suspensions and can have meaningful practical consequences.
Standard penalties include:
- First Absolute Sobriety Violation
- Mandatory suspension of operating privileges for 3 months
- A fine of $200 plus court costs
- Minor Passenger Present (Under 16)
- Mandatory suspension of operating privileges for 6 months
- A fine of $400 plus court costs
Although absolute sobriety violations do not count as prior OWI convictions for future penalty enhancement under Wis. Stat. § 343.307, they still appear on a driver’s record and may affect insurance rates, employment, and future charging decisions.
f an underage driver refuses a chemical test after arrest, the refusal is treated as a separate violation under Wisconsin’s implied consent law and can result in longer license revocation periods and additional requirements.
Learn more about the requirements for obtaining an occupational license in Wisconsin.
Defense Strategies for Underage OWI and Absolute Sobriety Cases
Although underage OWI and absolute sobriety violations are civil offenses, they are still subject to constitutional and statutory protections. These cases often turn on narrow factual and procedural issues, and small errors can make a significant difference in the outcome.
At Chirafisi Anderson, S.C., we focus on defenses tailored specifically to absolute sobriety cases, including:
Because absolute sobriety cases rely on narrow proof and low thresholds, careful legal review is essential to ensure the State is held to its burden.
Many of these defenses are explained in greater detail on our OWI dismissal and defense strategies page.
Why Hiring an Underage OWI / Absolute Sobriety Lawyer Matters
An underage OWI or absolute sobriety violation may be classified as a civil offense, but the consequences can still affect a young driver’s license, insurance, employment opportunities, and future OWI exposure. These cases often involve very low alcohol levels, technical testing issues, and misunderstandings about what the law actually prohibits.
The attorneys at Chirafisi Anderson, S.C. understand how absolute sobriety cases are charged, prosecuted, and defended—and how early legal intervention can prevent long-term consequences.
Get Help With an Underage OWI or Absolute Sobriety Charge
An underage OWI or absolute sobriety violation can have lasting consequences, even when alcohol levels are low and the charge is classified as civil. Early legal guidance can help protect driving privileges, limit long-term impact, and ensure the State is held to its burden.
If you or your child has been charged under Wisconsin’s absolute sobriety law, speak with an experienced OWI defense attorney as soon as possible. Chirafisi Anderson, S.C. offers free consultations and represents clients throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Dodge, Columbia, Sauk, Iowa, and Green Counties.