Underage Drinking Deferred Prosecution Accountability Program

In Cooperation with the HOPE Council (formerly the Alcohol and Other Drug Council of Kenosha County, Inc.)

The Law:
If you have been arrested and issued a citation for underage alcohol (possess or consume) (age 17-20) in violation of Sec. 125.07(4)(b) Wis. Stats. or local ordinance, you could be subject to the following penalties: 
 
Penalties for Underage Drinking (if convicted*): 

    Fines / Forfeitures

                    $452.50 (1st and subsequent offenses)

    Special Event Fines / Forfeitures

                    Country Thunder 
                    
                    $263.50 (1st Offense)    
                    $389.50 (2nd Offense)
                    $515.50 (3rd Offense)
                    $767.50 (4th+ Offense)

    Driver’s License Suspension

                     1st offense - 30 to 90 days 
                     2nd offense - up to one year 

    Other Consequences

 
 
                    Impact on schooling / scholarships. 
                    Impact on automobile insurance rates.

*Convictions appear on your DL record whether or not the Court imposes
a suspension.

Options for Dealing With Underage Drinking Citations

Option 1
Forfeit and pay citation

If you do not wish to contest your citation, you can forfeit by not showing up in court. A default judgment will be entered and the Court will impose a monetary penalty. You will received a fine due notice from the Clerk of Circuit Court. If the fine is paid, this should end the case.

Option 2
Plead Not Guilty and request
trial
If you wish to contest your citation, appear in court on the return date and plead Not Guilty (or enter a Not Guilty plea by mail in accordance with the instructions to the back of your citation). The Court will set the matter for a pretrial conference where you can discuss the case with the DA.  If the conference does not result in a resolution, the matter shall be scheduled for a court trial before a Judge.

Option 3 
Underage Drinking Deferred Prosecution / Accountability (DPA) Program (1st Offense only)
Upon successful completion of the program, the DA will recommend to the Court that your citation be amended to a non-alcohol related offense. (NOTE: The courts are not bound by any plea agreement or recommendation made and can impose the maximum penalty under the law.)

Deferred Prosecution Program Requirements: 

  • Must be eligible to participate
  • Sign the DA/DPA Agreement
  • Complete Program Application
  • Complete 8 hours of educational programming and self-screening for 1st offenders and alcohol assessment for 2nd offenders (if required)
  • Must remain alcohol-free and receive no additional underage drinking citations
  • Youth under 18 must have a parent/guardian sign the DPA agreement and program application
  • Participants are responsible for all costs associated with the program (i.e. tuition and alcohol assessment costs, if required). Typical tuition costs are $175.
DISCLAIMER: The DA cannot give you legal advice on how to proceed.