Under The Drinking Age And Driving
Wis. Stat. 346.63 — any alcohol concentration above 0.0, up to 0.08, is its own violation
More than 0.0. A person below the legal drinking age may not drive or operate a motor vehicle in Wisconsin with an alcohol concentration of more than 0.0 but not more than 0.08. Above that, the ordinary law on operating under the influence applies.
One penalty is suspension of the operating privilege, and the person is eligible for an occupational license at any time. Refusing a test after an arrest for this is a separate violation.
$200, or $400 with a young passenger. The forfeiture is $200, and $400 if a minor passenger under 16 years of age was in the vehicle.
Sources for this section (2)
- Wis. Stat. 346.63 — Operating under influence of intoxicant or other drug
- Wis. Stat. 346.65 — Penalty for violating sections 346.62 to 346.64
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.