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Cafferty & Scheidegger, S.C.
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Underage Possession of Alcohol

If your child been arrested and charged with underage possession of alcohol, contact us to get help from a qualified juvenile criminal attorney.

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The law at a glance

Under § 125.07, minors are prohibited from possessing alcohol. Any minor who attempts to procure alcohol or who does procure alcohol is violating the law and is subject to penalties. A first violation can mean fines up to $500, a suspension of driving privileges, and mandatory participation in a supervised work program or other form of community service. A second, third or further violation of the state’s drinking laws will carry even more severe penalties, including increased fines, longer periods of license suspension and other punishments. Has your child been arrested and charged with underage possession of alcohol? Call upon Cafferty & Scheidegger in Racine and Kenosha to get help from a qualified juvenile crime attorney-the earlier the better.

Do I need a lawyer for an underage drinking ticket?

Have the ticket reviewed before anyone pleads guilty, especially if the case involves driving, college discipline, scholarships, military plans, a license suspension, or a repeat offense. Many first-offense cases have diversion or amendment options that are easiest to protect early. Our broader guide explains when a misdemeanor or smaller Wisconsin charge needs a lawyer.

Parents can face legal repercussions if they are accused of providing alcohol or of allowing alcohol to be consumed by minors. The law clearly states that adults cannot “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.” You may believe that your teenagers might drink alcohol and that they are therefore safer doing so in your own home, but if you allow them to do so, you could be facing charges. If convicted, the penalties can include fines up to $500 (per violation) and imprisonment for up to 30 days in jail.

Facing Charges for Underage Possession of Alcohol?

A charge associated with underage drinking can lead to consequences for both the underage person and the individual who supplied the alcoholic beverage, sold it, or allowed it to be consumed. Such a charge requires at least one court appearance and carries the threat of conviction. Your most important decision now is about the lawyer you retain to help you seek to avoid serious penalties.

How Our Firm Can Help

Attorney Patrick K. Cafferty of Cafferty & Scheidegger Firm brings some impressive credentials to the table to serve you and to protect your interests. We are listed in Wisconsin Super Lawyers® for years 2008 to present, and have the highest possible rating of AV Preeminent® from Martindale-Hubbell®, as well as having been listed in Best Lawyers in America for Criminal Defense. The quality of your counsel has everything to do with the outcome of your case. We invite you to reach out to us and speak with us. There may be defense opportunities that could be employed and allow you to avoid conviction, or lead to a dismissed charge. Only a true legal professional can correctly advise you.

Call now, and get the professional legal help you deserve from our team of criminal attorneys. Your case matters. Call our firm before you make the decision to plead guilty. The level of penalties imposed can vary widely, and are often up to the discretion of the judge. Get an attorney that knows the system, is well-connected, and knows what it takes to defend against the charges of a minor in possession of alcohol.

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Frequently Asked Questions

Is underage drinking a criminal charge in Wisconsin?
Usually not for a first offense. Under § 125.07(4), a first-time underage-possession-of-alcohol violation is a civil forfeiture, not a criminal charge: fines up to $500, possible license suspension, and community-service requirements. A second violation within 12 months can be charged criminally with up to 30 days jail. The first-vs-second-offense classification is the most important factor.
Will an underage drinking ticket show up on a background check?
A first-offense civil forfeiture under § 125.07(4) does not appear on standard criminal background checks because it is not a criminal charge. It does appear on the Wisconsin Motor Vehicle Record (MVR) if a license suspension was ordered, and on the municipal or circuit court docket. A second-offense criminal conviction within 12 months does appear on criminal background checks and on CCAP.
How long does underage possession of alcohol stay on your record?
Civil-forfeiture entries persist on the court docket indefinitely but are not criminal-record entries. Driver's license suspensions are reflected on the MVR for several years. Criminal second-offense convictions are eligible for expungement under § 973.015 if the offense was committed under age 25 and the court ordered expungement at sentencing. Raising expungement at the time of sentencing is essential.
What is Absolute Sobriety in Wisconsin?
Under § 346.63(2m), a driver under age 21 may not operate with any detectable alcohol above 0.0. The violation is usually a civil forfeiture, but it can still affect license status, insurance, school, and future OWI strategy. Because the BAC levels are often very low, test procedure and stop facts matter.
Can my child's underage drinking ticket be dismissed?
Yes, in many cases. Common defense angles: the State must prove actual possession (not mere presence at a party where alcohol was present), the lawfulness of the stop or contact that produced the citation, and chain-of-custody issues with field-sobriety or PBT readings. Many municipal courts also offer first-offender diversion programs that lead to dismissal upon completion of an alcohol-education class.
What happens to my child's driver's license for underage drinking?
First offense under § 125.07(4): possible suspension of 30 to 90 days. Second offense: 60 to 180 days. Third and subsequent: longer suspensions plus probable criminal exposure. For drivers under 18, the license suspension is the most disruptive consequence (school, work, sports), and is often the focus of plea negotiation.
Can parents be charged for letting kids drink at home in Wisconsin?
Yes. Under § 125.07(1)(a)2., adults cannot permit or fail to take action to prevent illegal alcohol consumption by underage persons on premises owned by or under their control. A first violation is a forfeiture up to $500. Subsequent violations or violations involving injury or impaired-driving consequences can carry up to 30 days jail. The 'safer at home' rationale is not a legal defense in Wisconsin.
Should my child plead guilty to an underage drinking ticket?
Almost never as a first response. Even a civil-forfeiture conviction can affect college admissions, scholarship eligibility, ROTC and military enlistment, and create the prior that makes a future Absolute Sobriety or OWI charge more severe under § 343.307. Most first-offense cases qualify for diversion or amendment that avoids a conviction entry entirely. A 15-minute consultation usually identifies the best path.
Does underage possession affect college admissions or financial aid?
Sometimes. A first-offense civil forfeiture is generally not reportable on most college applications and does not affect federal financial aid eligibility. A criminal second-offense conviction within 12 months can affect both. Drug convictions used to bar federal aid; that bar was lifted in 2021, but underage-alcohol convictions can still affect institutional aid and scholarship eligibility depending on the school's policies.
Can underage drinking turn into an OWI?
Yes, frequently. An underage driver stopped after drinking can face both an underage-possession charge and an Absolute Sobriety violation under § 346.63(2m) for any detectable alcohol above 0.0. At BAC 0.08+, the driver may also face an adult OWI charge under § 346.63(1). The record and license consequences should be reviewed before any plea.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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