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 to 20) in violation of Section 125.07(4)(b) Wisconsin Statutes 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 or Higher 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 Driver’s License 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 District Attorney cannot give you legal advice on how to proceed.