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Underage Drinking, No Driving-- WI

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orange12

Junior Member
What is the name of your state? WI

Here is the situation-- Rangers came to our campsite at a state park. They go to breathalyze everyone under 21 and I decline and tell the rangers that I have not been drinking. They leave me alone. A week later, I, along with everyone else under 21, get an underage drinking ticket in the mail. Everyone's tickets have a BAL (.03, .04, etc.) written on them while mine does not. Did the rangers make a mistake? What can I expect pleading not guilty?

Thank you, I appreciate the help.
 


I have no idea what the answer to this one might be, but I'm quite intrigued by it.

When you're dealing with a DUI case, you don't need a confirmed BAC to charge someone, just the cop's opinion. I guess it could be the same here.

Also, refusing the breath test may carry some consequences as it does when it comes with a DUI, although I think the only reason they can do that with a DUI is the "implied consent" law of driving, which you weren't.

EDIT:
By the way, were you drinking?
 

orange12

Junior Member
At the risk of sounding like a wannabe lawyer, I plead the fifth. Any more advice or opinion/experience anyone can share with me? I appreciate it.
 

racer72

Senior Member
At the risk of sounding like a wannabe lawyer, I plead the fifth. Any more advice or opinion/experience anyone can share with me? I appreciate it.
Yep, expect your wallet to get a lot lighter. You now have no proof that you did not drink, the law has proof you were with a group of underage drinkers. That's enough proof for most judges.
 

danno6925

Member
C'mon, that's circumstantial at best! I'd advise OP to get an attorney - that'll also lighten the wallet, but probably won't net a conviction. All you gotta do is get the people who were there to testify that you weren't drinking. They have no evidence you were, and the burden of PROOF is on the prosecution. It's that whole principle of being innocent until PROVEN guilty, no?

If your parents use an attorney, I think it's time to give him a call.
 

BigMistakeFl

Senior Member
BigMistakeFl

that whole principle of being innocent until PROVEN guilty, no?
I think you would find many people who say that this just does not apply to DUI.

The OP should speak with an attorney, yes, and decide if he has a shot at winning. No one, including his attorney, will be able to accruately predict if he will prevail.
 

Bretagne

Member
I think you would find many people who say that this just does not apply to DUI.
I agree. DUI has instant quasi-criminal ramifications before you ever enter a courthouse, and is therefore pragmatically much different from all other crimes.

However, here there is no driving, the allegation is underage consumption.

He denied drinking and declined a breathalyzer, which is actually the best course of action he could have taken (assuming he had, in fact, consumed alcohol.)

As a juvenile, perhaps they'll offer diversion of some sort.

Greatest risk to his defense is that the state will subpoena some of the other kids to testify that he drank, too.

State might even cut a kid a deal in exchange for his testimony.

If the other kids will testify that he was NOT drinking, a good attorney can get the case dismissed prior to trial. Maybe the prosecutor will dismiss voluntarily upon receipt of affidavits from the other kids confirming the OP's non-consumption.
 

Some Random Guy

Senior Member
You say the ticket is for "underage drinking". What does it really say? List the statute.

If it is a Minor in Possession ticket, then all they have to show is that you were in constructive possiession of the alcohol, which means that you had access to the alcoholic beverages, regardless of whether you admitted drinking them.
 

Happy Trails

Senior Member
You say the ticket is for "underage drinking". What does it really say? List the statute.

If it is a Minor in Possession ticket, then all they have to show is that you were in constructive possiession of the alcohol, which means that you had access to the alcoholic beverages, regardless of whether you admitted drinking them.
I agree, without knowing the statute code he is getting charged with, it could be a possession violation.

The statutes for this type of offense can be found at the following address:

http://nxt.legis.state.wi.us/nxt/gateway.dll/Statutes%20Related/Wisconsin%20Statutes/5900/5911?f=templates$fn=document-frameset.htm$q=[field%20folio-destination-name:'125.07']$x=Advanced
 

Bretagne

Member
These cases are civil forfeiture violations. As a result, the level of proof required is somewhat less.
Wow, you're right that this is a civil matter in Wisconsin. Why do you call it a civil "forfeiture" violation?

Where does it say he's a juvenile? All I read was that he's underage. In these cases, that DOES make a big difference.
Yes, you are right.

Wisconsin does not offer "diversion" in civil cases.
Yeah, I assumed that underage consumption was a crime in Wisconsin. See what happens when you make assumptions!

A good attorney will negotiate the fine down and advise him to take it. So long as this is a first offense, he won't even have his driver's license suspended.
Yes, that sounds right. Again, my earlier advice was given based on the assumption that we were talking about a petty criminal offense.
 

orange12

Junior Member
Hi, I appreciate you all helping me out. Here are the answers to your questions about me. Let me know if you can offer any more advice now that I am clarifying this stuff.

1.) I am 20, so not a juvenile.

2.) Here is the exact statute from the ticket: 125.07(4)(b) Except as provided in par. (bm), any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes alcohol beverages is guilty of a violation.

---> so they cited me for underage drinking even though I refused a breathalyzer

3.) There are no notes on the ticket about my cooperation.
 

orange12

Junior Member
What are court costs besides the $36 jury fee? If I plead guilty and pay the fine, does this go on my driving record (even though I was no where near a car) and affect my insurance rates?
 

orange12

Junior Member
I have found out that this ticket goes on my driving record even though I wasn't driving and they suspend the license for 30 days. Absurd punishments, but oh well. How do I at least get this to not go on my record? What can I tell the DA at the courthouse?
 

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