Underage Drinking Deferred Prosecution Accountability Program
In Cooperation with the HOPE Council (formerly the Alcohol and Other Drug Council of Kenosha County, Inc.)
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
$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
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
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.
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.
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.