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N.P. Wyosnick Legal, LLC
Defending Criminal, DUI, and traffic offenses in Wisconsin and Illinois

Absolute Sobriety for Drivers under the age of 21

  • Commonly known as the "zero tolerance", "strict sobriety" or "Not a Drop" law, Wisconsin makes it illegal for any person under the age of 21 to operate a motor vehicle with any alcohol in their system. The law states that if "a person who has not attained the legal drinking age (21 years old), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration (BAC) of more than 0.0…" Wis. Stat. 346.64(2m).
  • Penalties:
    • 1st offense
      • $200 fine
      • 4 demerit points
      • 3-month license suspension
      • 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.
    • License Revocation for Refusing: an underage person convicted of refusing a chemical test is subject to a 12-month revocation of their driving privileges.

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