Underage alcohol charges in Wisconsin are deceptively serious. A minor-in-possession citation under Wis. Stat. § 125.07(4) is a civil forfeiture, and the court may suspend the driver’s license as part of the penalty even when the alcohol had nothing to do with driving. Wisconsin’s Absolute Sobriety rule under § 346.63(2m) stacks on top for drivers under 21, and underage OWI is prosecuted as aggressively as adult OWI.
MIP vs Absolute Sobriety vs underage OWI
Three separate charges can arise from a single underage-drinking incident. MIP (§ 125.07(4)) covers possession of alcohol by someone under 21 and is civil. Absolute Sobriety (§ 346.63(2m)) covers driving by someone under 21 with an alcohol concentration of more than 0.0 but not more than 0.08, and § 343.30(1p) makes the suspension a flat 3 months, rising to 6 months only where a minor passenger under 16 was in the vehicle.
Underage OWI at 0.08+ BAC is prosecuted like adult OWI under § 346.63(1) with enhanced youth penalties. A single stop can generate all three charges, and each has separate defenses and separate collateral consequences.
Why the driver's license suspension matters most
The suspension lengths come from § 343.30(6)(b): 30 to 90 days for a first violation, not more than one year for a violation committed within 12 months of a previous one, and not more than 2 years within 12 months of two or more previous ones. The court can impose it even when the possession had nothing to do with driving, the classic scenario being a citation at a party where no vehicle was involved.
Stacked with Absolute Sobriety suspensions if the client was also cited for driving, the license impact is routinely the biggest day-to-day consequence, more than the fine, and often more than the long-term record impact if diversion is successfully negotiated.
College, financial aid, and CCAP exposure
MIP convictions appear on Wisconsin's WCCA / CCAP public-records system (accessible to anyone with internet), on employer background checks, and on professional-licensing-board reviews for careers that require clean records. Nursing, teaching, law enforcement, CDL.
Where the charge is at a level ch. 973 reaches, Wis. Stat. § 973.015(1m)(a)1 lets the court order expungement, but only where the person was under 25 when the offense was committed, the maximum imprisonment is 6 years or less, and the order is made at the original sentencing hearing. It does not clear the DOT driving record, which the same subdivision expressly excludes.
Should a minor get a lawyer before pleading?
Yes when school, work, license status, or future alcohol-driving exposure matters. Many first-offense cases have diversion or amendment options, but those options are easiest to protect before a plea is entered.
- The person cited is under 21 and drives to school or work.
- The ticket came with an absolute-sobriety, OWI, or fake-ID issue.
- College, military, scholarship, or job applications are a concern.
What a minor-in-possession conviction costs in Wisconsin
- MIP forfeiture (first offense)
- $100 - $200 Wis. Stat. § 125.07(4)(c)1 for underage possession or consumption; § 125.07(4)(bs)1 sets $250 to $500 where the charge is procuring or possessing on licensed premises. Both escalate on repeat violations within 12 months
- License suspension (MIP)
- 30-90 days · up to 1 yr · up to 2 yrs Wis. Stat. § 343.30(6)(b), imposed under § 125.07(4)(bs) or (c) as one of several penalty options rather than automatically
- Absolute Sobriety
- 3 months (6 with a minor passenger) Wis. Stat. § 346.63(2m) bars an alcohol concentration of more than 0.0 but not more than 0.08 for drivers under 21; § 343.30(1p) sets the suspension
- Underage OWI
- Same as adult + youth enhancers § 346.63(1) at 0.08+ BAC. Prosecuted as adult OWI with enhanced penalties for drivers under 21
- CCAP visibility
- Indefinite absent expungement Wisconsin Circuit Court Access is a public records system. Expungement under Wis. Stat. § 973.015 does not reach the DOT driving record
- Expungement window
- Ordered at sentencing · under 25 at the offense Wis. Stat. § 973.015(1m)(a)1: the person must have been under 25 when the offense was committed, the maximum imprisonment must be 6 years or less, and the court must order it at the time of sentencing
Our minor-in-possession defense playbook
First-offender diversion placement
Racine, Kenosha, and Walworth counties each run first-offender diversion programs, typically six months of compliance (no new offenses, alcohol-education course, community service) with dismissal on completion. Securing placement in the right program is the primary strategy on most first-offense MIP cases; the details of each county's program matter.
§ 973.015 expungement ordered at sentencing
Where the case reaches a level ch. 973 covers, Wis. Stat. § 973.015(1m)(a)1 lets the court order at the time of sentencing that the record be expunged on successful completion of the sentence, if the person was under 25 when the offense was committed and the maximum imprisonment is 6 years or less. The order has to be made at that hearing, not later. We build the motion into the plea from day one.
Possession attribution and constructive-possession challenge
The State has to prove the specific minor possessed the alcohol. In party or shared-residence situations, constructive possession is often contested, whose cup, whose bag, whose prior contact. The attribution defense is especially strong when multiple minors were present and officers cited by proximity rather than observation.
Accompanied-by-a-parent exception
Wis. Stat. § 125.07(4)(a)2 makes it a violation for an underage person to possess or consume alcohol on licensed premises unless accompanied by a parent, guardian or spouse who has attained the legal drinking age. That exception is written into the licensed-premises offense itself, and it names those three people only. Where it applies it defeats that charge outright.
Separate the MIP, Absolute Sobriety, and OWI charges
Each charge has independent elements and independent defenses. We map the proof sequence for each and negotiate them in order, often trading dismissal on one for a favorable resolution on another, and always protecting the highest-stakes piece (usually the OWI or the license suspension).
Racine, Kenosha & Walworth county courts
Underage-alcohol cases are heard in the court of the citing jurisdiction. MIP civil forfeitures and Absolute Sobriety citations are typically handled in municipal or county circuit court; underage OWI is criminal and goes through county circuit court with required personal appearance.
Our attorneys appear regularly in Racine County Circuit Court (730 Wisconsin Ave., Racine), Kenosha County Courthouse (912 56th Street, Kenosha), Walworth County Judicial Center (1800 County Road NN, Elkhorn), and the municipal courts of Racine, Mt. Pleasant, Caledonia, Sturtevant, Kenosha, Pleasant Prairie, Lake Geneva, Delavan, Burlington, Union Grove, and surrounding jurisdictions. For first-offender diversion placement we work with each county's program administrators directly. Program names and admission criteria vary materially between jurisdictions.
Traffic-ticket outcomes depend on what we can protect
For minor-in-possession cases, the defense target is usually one of four things: points, insurance premiums, license status, or a criminal/CDL consequence hidden behind the citation.
See the traffic-ticket case-results hub for anonymized examples and related service links. Past results do not guarantee a similar outcome on any individual case.
The municipal-court judges who hear most minor-in-possession cases
Most ordinance-level traffic citations are heard at the municipal-court level, not circuit court. Below are the currently sitting municipal court judges across our 3-county service area, verified against each municipality's own court page or the county's official roster. The list omits 3 municipalities (Caledonia, Whitewater, Sturtevant) where we are still re-verifying the current judge by phone before publishing.
Racine County municipal courts
- City of Racine Hon. Rob Weber City of Racine notice identifies Judge Rob Weber as the sole, uncontested municipal-judge candidate on the April 7, 2026 ballot. The City court page does not separately name the sitting judge. verify source →
- Village of Mount Pleasant Hon. Michael R. Phegley verify source →
- City of Burlington Hon. Kelly Iselin City Directory lists Kelly Iselin as Municipal Judge; confirmed again in the City of Burlington Spring 2026 newsletter. verify source →
- Village of Caledonia Hon. Robert Keller Village of Caledonia court page lists Robert Keller as Municipal Court Judge. verify source →
- Village of Sturtevant Hon. Robert Niemiec Village of Sturtevant court page lists Robert Niemiec as Judge. verify source →
- Village of Union Grove Hon. Scott Kasprowicz Term 2025-2027 (special election after Judge Reichert retired Dec 2024). verify source →
- Village of Waterford Hon. Robert J. Jones Village court; the Town of Waterford has a separate court with a different judge. verify source →
Kenosha County municipal courts
- City of Kenosha Hon. Michael Easton City Municipal Court records form lists Judge Michael Easton and the court contact information. The form is undated, so this entry rests on thinner support than the rest of the roster. verify source →
- Village of Pleasant Prairie Hon. Richard Alan Ginkowski Village court page lists Richard Alan Ginkowski as Municipal Judge. verify source →
- Village of Twin Lakes Hon. Bruce Goodnough Shared court covering Village of Twin Lakes + Town of Randall Village court page: "Judge Bruce Goodnough was first elected as Municipal Judge in 1989." verify source →
- Village of Salem Lakes Hon. Patrick Dunn verify source →
- Village and Town of Somers Hon. Edward Antaramian Consolidated court serving both the Village and the Town of Somers. Somers states that Judge Antaramian was appointed interim municipal judge in March 2026 over the consolidated Municipal Courts of the Village and Town of Somers, and will serve until April 2027. Published as interim rather than elected because that is what the Village says. verify source →
Walworth County municipal courts
- City of Lake Geneva Hon. Henry A. Sibbing City of Lake Geneva court page lists Henry A. Sibbing as Municipal Judge. verify source →
- City of Elkhorn Hon. Lori Domino City of Elkhorn court page lists Municipal Judge Lori Domino. verify source →
- City of Delavan Hon. Mike Rhyner City court. The Town of Delavan runs a separate municipal court with its own judge; confirm which court is named on your citation. verify source →
- Village of Fontana Hon. Thomas Sullivan verify source →
- Village of East Troy Hon. Michael P. Cotter Confirmed on the village court page and on the Walworth County municipal-judges roster. The Town of East Troy runs a separate municipal court. verify source →
Who hears minor-in-possession cases in our service area
Minor-in-Possession cases prosecuted at the criminal level (not municipal-court ordinance) are heard at the county circuit court level. Below are the currently sitting circuit court judges and elected District Attorneys for each of the three counties we serve. Source metadata now feeds a monthly re-check so the roster on this page stays accurate without adding duplicate date stamps.
Racine County
District Attorney: Tricia Hanson DA source →
Sitting circuit court judges (9):
- Hon. Wynne P. Laufenberg · Branch 1 · Chief Judge
- Hon. Eugene A. Gasiorkiewicz · Branch 2
- Hon. Jessica E.H. Lynott · Branch 3
- Hon. Scott P. Craig · Branch 4
- Hon. David W. Paulson · Branch 6
- Hon. Jamie M. McClendon · Branch 7
- Hon. Faye M. Flancher · Branch 8
- Hon. Robert S. Repischak · Branch 9
- Hon. Timothy D. Boyle · Branch 10
Kenosha County
District Attorney: Xavier Solis DA source →
Sitting circuit court judges (8):
- Hon. Gerad T. Dougvillo · Branch 1
- Hon. Jason A. Rossell · Branch 2
- Hon. Heather Iverson · Branch 3
- Hon. David O. Hughes · Branch 4
- Hon. David P. Wilk · Branch 5
- Hon. Angelina Gabriele · Branch 6
- Hon. Jodi L. Meier · Branch 7
- Hon. Chad G. Kerkman · Branch 8
Walworth County
District Attorney: Zeke Wiedenfeld DA source →
Sitting circuit court judges (4):
- Hon. Estee E. Scholtz · Branch 1
- Hon. Daniel S. Johnson · Branch 2
- Hon. Kristine E. Drettwan · Branch 3
- Hon. Samuel T. Berg · Branch 4
Minor-in-Possession enforcement and traffic-stop volume by county
Verified statistics from official Wisconsin and county sources.