If you are under 21 years of age and choose to act as the designated driver, Wisconsin law expects you to remain completely sober while driving, as even small amounts of alcohol could lead to a violation.
What Wisconsin’s absolute sobriety law requires
Wisconsin requires drivers under the age of 21 to maintain absolute sobriety. Unlike the .08% blood alcohol concentration (BAC) standard for adult drivers, the under-21 rule does not require a specific BAC level. Any amount of alcohol in the driver’s system can violate the rule.
The .02% figure sometimes associated with Wisconsin’s impaired-driving laws applies in other situations under state law. It is not the standard for every under-21 driver.
Can a designated driver still face a violation?
Being the designated driver does not create an exception to the absolute-sobriety rule. If you have alcohol in your system while driving, your intention to stay sober does not change the legal standard.
That does not mean every food, drink or personal-care product with trace alcohol will lead to an OWI violation. Test results and legal consequences can depend on the circumstances and the testing method.
What under-21 designated drivers should know
If you are under 21, avoid alcohol entirely before driving. Be cautious with products that contain small amounts of alcohol, since they may still matter in a testing situation.
If police stop you and accuse you of violating Wisconsin’s alcohol-related driving laws, the details of the stop and the testing process may matter. Wisconsin has separate procedures for chemical testing and license consequences, so review the specific facts rather than assuming a single reading automatically proves the case.
What if you are accused of violating the law?
Keep the citation and any paperwork given to you by law enforcement. Write down what happened while the details are fresh, including when you last consumed anything that could contain alcohol, what testing was done and what the officer said.
If you face an underage alcohol-driving allegation, a Wisconsin attorney can review the statute, the stop and the testing evidence. The consequences can include license-related penalties, so understanding the allegation matters.
What under-21 designated drivers should remember
Wisconsin’s absolute sobriety rule leaves no room for assuming that a small amount of alcohol is acceptable for drivers under the age of 21. If you plan to be the designated driver, it is recommended to avoid alcohol entirely before driving and know how the rule applies to your license.
