Underage drinking question > General Discussion

Posted: 12/31/2007 4:40:54 PM EDT

In WI it is legal to drink when you are under 21 if you are with your parents. What happens if you have a beer and hit the road. You get pulled over and tested and test positive for alcohol in your blood but you aren't over the limit?

Posted: 12/31/2007 4:44:52 PM EDT

[#1]

Some states have zero tolerance and will pull your license.

WI?? I have no idea.

Posted: 12/31/2007 4:45:48 PM EDT

[#2]

if i understand, You must be under direct supervision of your parents, If you get in your car and drive you are no longer under the supervision of your parents. And, in WI if you get pulled over and you test positive for alcohol and you are under 21 you get a dui, no matter what your Blood/Alcohol is.

Posted: 12/31/2007 4:46:04 PM EDT

[#3]

In my state, I'm pretty sure it's like .01 or some shit if you're under 21. I don't recall seeing an "I was at the restaurant with my parents" exception.

Posted: 12/31/2007 4:47:16 PM EDT

[#4]

I was told in a class I had to take after receiving an MIP that any alcohol in a minor is considered a DUI. I think the rule that allows you to drink with your parents dictates that you must remain with your parents until sober as well. Not sure about the later part though.

Posted: 12/31/2007 4:47:26 PM EDT

[#5]

You shouldn't be concerned with what can happen...

DON'T DRINK AND DRIVE!!!!

Posted: 12/31/2007 4:47:58 PM EDT

[#6]

.02 in this state

Posted: 12/31/2007 4:48:17 PM EDT

[#7]

Quoted:
if i understand, You must be under direct supervision of your parents, If you get in your car and drive you are no longer under the supervision of your parents. And, in WI if you get pulled over and you test positive for alcohol and you are under 21 you get a dui, no matter what your Blood/Alcohol is.

So you have to be under their supervision the entire time until you are completely sober or you just can't drive till you are sober?

Posted: 12/31/2007 4:48:45 PM EDT

[#8]

Quoted:
You shouldn't be concerned with what can happen...

DON'T DRINK AND DRIVE!!!!

Being concerned and curious are two different things.

Posted: 12/31/2007 4:49:22 PM EDT

[#9]

WI has an absolute sobriety law for drivers under 21 (this is coming from a WI resident, you can trust me

). No alcohol at all is allowed in your system while driving if you are not 21.

I've already got one New Years beer down...no driving for me tonight!

(18 y.o. here

, and yes I'm at my parents house)

Posted: 12/31/2007 4:50:34 PM EDT

[#10]

Quoted:
I think ~~the rule that allows you to~~ common sense would dictate that if you drink with your parents ~~dictates that~~ you must remain with your parents until sober as well.

Fixed.

ETA - IIRC many states have allowances for alcohol comsumption by minors as part of family or religious events, but only for the child of the parents present (no party buys for the kids and theior friends) and generally only in private residences ... WI is one that allows it at restaurants too.

Posted: 12/31/2007 4:51:52 PM EDT

[#11]

Don't drink and drive, how much simpler can it be said.

Doesn't matter how old you are.

Posted: 12/31/2007 4:53:22 PM EDT

[#12]

Towely, you could learn lots by reading the state statutes my man.

Originally Posted By: Wisconsin State Statute:
346.63(2m)
(2m) If a person has not attained the legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

Absolute sobriety.

Also, if your drinking with your parents STAY with your parents until you are SOBER. Otherwise you can get an underage citation. Hold on, I'll be back with that statute in a minute.

ETA:

Originally Posted By: Wisconsin State Statute
125.07 (4)(b)
(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.

Posted: 12/31/2007 4:53:26 PM EDT

[#13]

.02 under 21 in NY.

I think the idea is that you should be at your parents house when consuming alcohol and then not have to drive anywhere.

Posted: 1/1/2008 12:23:19 PM EDT

[#14]

While Illannoys has a zero tolerance law for minors whil driving, I found this concerning consumption:

(g) The possession and dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by this Act.
(Source: P.A. 95‑166, eff. 1‑1‑08; 95‑355, eff. 1‑1‑08.)

I also found some interesting things while researching IL law on this issue:

(235 ILCS 5/6‑16) (from Ch. 43, par. 131)
Sec. 6‑16. Prohibited sales and possession.

Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a Class A misdemeanor. This Section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.

Damn... guess I wasn't in as much potential trouble as I thought when Dad sent me up to the liquor store for the week's worth of Carlo Rossi at 16...

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