Underage Alcohol Violations

You should be aware that if you are found guilty of most alcohol-related offenses, Wisconsin Statutes provide the court jurisdiction and authority to suspend driving privileges even if you do not appear in court.

  1. For a first violation, suspension for 30 to 90 days plus a forfeiture.
  2. For a violation committed within 12 months of a previous violation, suspension for one year plus a forfeiture.
  3. For a violation committed with 12 months of 2 or more previous violations, suspension for 2 years plus a forfeiture.

If you do not have a driver’s license, such a suspension would take effect upon application for your driver’s license and would delay your eligibility for a driver’s license.

If you have any questions regarding this matter, call the Madison Municipal Court at 264-9282 or email municipalcourt@cityofmadison.com.

THIS SECTION DOES NOT APPLY TO CHARGES OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE.

Possible Penalties for Underage Alcohol Violations

If you plead guilty/no contest or are found guilty after a trial of most underage offenses related to alcohol, the court usually has the authority to impose a forfeiture, community service and a suspension of your driving privileges. Listed below are the most common types of alcohol related offenses and the possible penalties associated with those offenses:

  1. Possession or Consumption of alcohol by an underage person (either in a licensed premise-i.e. bar OR not in a licensed premise) (Madison Ordinance 38.04(5)(a)(2) or 38.04(5)(b))
    • First Offense: $187 to $313 if not in a licensed premise or $376 to $691 if in a licensed premise and a possible driver’s license suspension from 30 to 90 days
    • Second Offense
      Within last year: $313 to $439 if not in a licensed premise or $439 to $691 if in a licensed premise and a possible driver’s license suspension up to one year
    • Third Offense
      Within last year: $439 to $691 if not in a licensed premise or $691 to $1006 if in a licensed premise and a possible driver’s license suspension up to two years
    • Fourth Offense
      Within last year: $691 to $1321 if not in a licensed premise or $1006 to $1321 if in a licensed premise and a possible driver’s license suspension up to two years
  2. Procuring (sell, dispense or give away) alcohol to an underage person
    (Madison Ordinance 38.04(1)(a)(1))
    A forfeiture up to $691
  3. Underage person enters, knowingly attempts to enter, or is on a licensed premise (i.e. bar) OR Underage person procures or attempts to get alcohol from a licensed premise OR Underage person falsely represents his/her age to get alcohol from a licensed premise
    (Madison Ordinance 38.04(5)(a)(1-4))
    • First Offense: $376 to $691 and a possible driver’s license suspension from 30 to 90 days
    • Second Offense
      Within last year: $439 to $691 and a possible driver’s license suspension up to one year
    • Third Offense
      Within last year: $691 to $1006 and a possible driver’s license suspension up to two years
    • Fourth Offense
      Within last year: $1006 to $1321 and a possible driver’s license suspension up to two years
  4. Identification Card violations (Has a “fake” ID card/drivers license or an ID card/drivers license not legally issued to him/her) (Madison Ordinance 38.04(5)(a)(5-8))
    $439 to $1636 and a possible driver’s license suspension from 30 to 90 days and the possibility of having to do community service.
  5. Possession of an open container of alcohol on public street/sidewalk OR Consumption of alcohol on a public street/sidewalk
    (Madison Ordinance 38.07(7))
    A forfeiture up to $1321
  6. Selling Alcohol without a permit/license (Madison Ordinance 38.01)
    A forfeiture up to $691
  7. Possession of a glass container on public property in a glass free zone (Madison Ordinance 23.36)
    A forfeiture from $124 to $313