Absolute Sobriety Law
Absolute Sobriety is enforced on Wisconsin drivers under the age of 21.
Facts About Absolute Sobriety in Wisconsin
In Wisconsin, a driver under the age of 21 cannot have any alcohol in their body when operating a motor vehicle. Wisconsin’s Absolute Sobriety, governed under Wis. Stat. 346.63(2m), is often called “zero tolerance”, “strict sobriety” or “Not a Drop” law. Whether the underage driver is drunk or impaired does not matter – instead, a person under 21 years cannot have more than 0.0 aclohol concentration when opertating a motor vehicle in Wisconsin.
A violation of Wisconsin’s absolute sobriety law carries hefty penalties, including the possibility of an arrest, large fines and court costs, as well as suspension of driving privileges. Even more, for Illinois drivers, a conviction for Wisconsin absolute sobriety law can result in a loss of driving privileges in Illinois, in addition to Wisconsin.
Penalties in Wisconsin for Absolute Sobriety Violation
- $200 fine
- 4 demerit points
- 3-month license suspension
- 6-month license suspension if minor passenger under 16 years old
- Eligible for occupational license immediately
Refusing a Breath or Blood Test
If a person is arrested for a violation of the Absolute Sobriety law and refuses a breathalyzer or blood test, the person is subject to a separate citation for refusing a chemical test. Additionally, license revocation for refusing a chemical test can occur. An underage person convicted of refusing a chemical test is subject to a 12-month revocation of their driving privileges.
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