I'm 16 & was charged with underage drinking while at home in my yard while my parents were home & want to fight it. Any advise?

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I want to fight the fine in court because I don't think it's right since WI law says you can drink under 18 at home with a parent. I had friends over who brought their own beer given to them by their own parents. My parents were home but didn't know we had beer outside so when the police showed up we all received fines for underage drinking. My parents sometimes allow me to drink but never while around my friends or when out only at home. Can I still get a fine for this even though my parents didn't supply the beer?

Attorney Answers

2
Michael Witt ·
Yes. The applicable statute is Wis. Stat. s. 125.07(4)(b). Wis. Stat. s. 125.07(4) Underage persons; prohibitions; penalties. (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. (bm) An underage person may possess alcohol beverages in the course of employment during his or her working hours if employed by any of the following: 1. A brewer or brewpub. 2. A fermented malt beverages wholesaler. 3. A permittee other than a Class "B" or "Class B" permittee. 4. A facility for the production of alcohol fuel. 5. A retail licensee or permittee under the conditions specified in s. 125.32 (2) or 125.68 (2) or for delivery of unopened containers to the home or vehicle of a customer. 6. A campus, if the underage person is at least 18 years of age and is under the immediate supervision of a person who has attained the legal drinking age. See the following link for a penalty chart. http://www.dot.wisconsin.gov/safety/docs/owi-youth-penchrt.pdf You should still show up in court. You may be able to avoid the conviction if your local court runs a diversion program for first offenders.
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Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
First, look at the penalty chart provided in the other answer. You may not be facing a fine alone. You may be facing a driver license suspension, as well. Most jurisdictions will offer to amend or dismiss the underage drinking if you complete an alcohol education course. These courses may be as short as a couple hours or as involved as multiple classes/counseling sessions totalling about 12 hours. Second, based on your post, your parents did not know you were drinking and did not give you the alcohol. WI law protects underage drinkers who were drinking with their parents' consent, you were not. Based on your post, you are guilty. I suggest you refrain from making any more statements related to your case online. Anything posted online may be used against you in court. In fact, you may want to ask if this post may be taken down. Why were the police at your house any way? Who let them in? Did they have permission to be there? Perhaps, there is constitutional issue here. For more specific advice, consult directly with local, experienced criminal defense attorneys. Generally, criminal defense attorneys handle these types of cases, even though they are civil. If you decide not to hire an attorney, and you meet with the prosecutor about your case, do not discuss any details about the case with the prosecutor. Anything you say to the prosecutor may be used against you, as well. Good luck!
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