125.07(4)(bs)4.
4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, participation in a supervised work program or other community service work under par.
(cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s.
343.30 (6) (b) 3., except that if the violation of par.
(a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s.
343.30 (6) (b) 3. 125.07(4)(c)
(c) Subject to sub.
(5), any person violating par.
(b) is subject to the following penalties:
125.07(4)(c)1.
1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s.
343.30 (6) (b) 1., participation in a supervised work program or other community service work under par.
(cg) or any combination of these penalties.
125.07(4)(c)2.
2. For a violation committed within 12 months of one previous violation, either a forfeiture of not less than $200 nor more than $300, participation in a supervised work program or other community service work under par.
(cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s.
343.30 (6) (b) 2., except that if the violation of par.
(b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s.
343.30 (6) (b) 2. 125.07(4)(c)3.
3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, participation in a supervised work program or other community service work under par.
(cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s.
343.30 (6) (b) 3., except that if the violation of par.
(b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s.
343.30 (6) (b) 3. 125.07(4)(c)4.
4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, participation in a supervised work program or other community service work under par.
(cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s.
343.30 (6) (b) 3., except that if the violation of par.
(b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s.
343.30 (6) (b) 3. 125.07(4)(cd)
(cd) For purposes of par.
(bs) or
(c), all violations arising out of the same incident or occurrence shall be counted as a single violation.
125.07(4)(cg)1.1. A supervised work program ordered under par.
(bs) or
(c) shall be administered by the county department under s.
46.215 or
46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under par.
(bs) or
(c), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the person to perform community service work under par.
(bs) or
(c).
125.07(4)(cg)2.
2. The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.
125.07(4)(cm)
(cm) When a court revokes or suspends a person's operating privilege under par.
(bs) or
(c), the department of transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.
125.07(4)(d)
(d) A person who is under 17 years of age on the date of disposition is subject to s.
938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s.
938.344 (3).
125.07(4)(e)1.1. In this paragraph, “
defendant" means a person found guilty of violating par.
(a) or
(b) who is 17, 18, 19 or 20 years of age.
125.07(4)(e)2.
2. After ordering a penalty under par.
(bs) or
(c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par.
(bs) or
(c). The order under this subdivision shall require the defendant to do any of the following:
125.07(4)(e)2.a.
a. Submit to an alcohol abuse assessment that conforms to the criteria specified under s.
938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.
125.07(4)(e)2.b.
b. Participate in an outpatient alcohol abuse treatment program at an approved treatment facility, if an alcohol abuse assessment conducted under subd.
2. a. recommends treatment.
125.07(4)(e)2.c.
c. Participate in a court-approved alcohol abuse education program.
125.07(4)(e)3.
3. If the approved treatment facility, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant has submitted to an assessment under subd.
2. a. and that the defendant does not need treatment or education, the court shall notify the defendant of whether or not the penalty will be reinstated.
125.07(4)(e)4.
4. If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under par.
(bs) or
(c), the court may order the secretary of transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.
125.07(4)(e)5.
5. If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under par.
(bs) or
(c) should be imposed.
125.07(4)(f)1.1. Except as provided in subd.
2., and subject to subds.
3. to
5., if an underage person engages in conduct that violates par.
(a) on the premises of a licensee, the licensee may bring a civil action against the underage person. If judgment is entered in favor of the licensee, the court shall award to the licensee damages in the amount of $1,000 and, notwithstanding s.
814.04 (1), the costs of the action. A licensee may bring an action under this paragraph regardless of whether the underage person has been convicted of, or received a citation for, the violation of par.
(a), but the licensee has the burden of proving, by a preponderance of the evidence, that the underage person's conduct was in violation of par.
(a).
125.07(4)(f)2.
2. If the underage person who engages in conduct that violates par.
(a) on the licensee's premises is less than 18 years of age and is not an emancipated minor, the licensee may bring the civil action against the underage person's parent, as defined in s.
46.56 (1) (j).
125.07(4)(f)3.
3. A licensee may not bring a civil action under this paragraph unless the licensee has first provided notice to the underage person or the underage person's parent, as applicable, of the licensee's intent to bring the action. The notice shall be mailed to the last-known address of the underage person or underage person's parent, as applicable, at least 15 days prior to filing the action and shall include a demand for the relief described in subd.
1. The department may, by rule, prescribe a form for this notice.
125.07(4)(f)4.
4. A licensee may not bring a civil action under this paragraph if the licensee has been convicted of, or received a citation for or been charged with, a violation of sub.
(1) or
(3) related to the same incident, occurrence, or conduct giving rise to the underage person's violation of par.
(a), unless the licensee is entitled to a defense under sub.
(6). A licensee that asserts a defense under sub.
(6) has the burden of proving the defense by a preponderance of the evidence.
125.07(4)(f)5.
5. A licensee may not bring a civil action under this paragraph unless the licensee or the licensee's employee reports to law enforcement the conduct suspected to be in violation of par.
(a) at or near the time that the conduct occurs or is first discovered.
125.07(5)
(5) Requests for emergency assistance. 125.07(5)(a)1.
1. “Bystander" means a person who is present with a crime victim at the time of or immediately following the alleged crime.
125.07(5)(b)
(b) Subject to par.
(c), an underage person may not be issued a citation for, or convicted of, a violation of sub.
(4) (a) or
(b) if all of the following apply:
125.07(5)(b)1.
1. The underage person is a crime victim or bystander and either the crime victim or the bystander requested emergency assistance, by dialing the telephone number “911" or by other means, in connection with the alleged crime or the underage person encountered a law enforcement officer at a medical facility at which the crime victim received treatment in connection with the alleged crime.
125.07(5)(b)2.
2. The underage person remains at the scene until emergency assistance arrives and thereafter cooperates with providers of emergency assistance, including furnishing any requested information, unless the underage person lacks capacity to cooperate when emergency medical assistance arrives. If the underage person encounters a law enforcement officer at a medical facility, the underage person cooperates with the officer and furnishes any requested information, unless the underage person lacks capacity to cooperate with the officer.
125.07(5)(c)
(c) Paragraph
(b) does not apply to an underage person who requests emergency assistance, by dialing the telephone number “911" or by other means, with an intention to claim the protections under par.
(b) and knowing that the fact situation that he or she reports does not exist.
125.07(6)
(6) Defenses. In determining whether or not a licensee or permittee has violated subs.
(1) (a) and
(3) (a), all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages may be considered, including any circumstance under pars.
(a) to
(d). In addition, proof of all of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:
125.07(6)(a)
(a) That the purchaser falsely represented that he or she had attained the legal drinking age.
125.07(6)(b)
(b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.
125.07(6)(c)
(c) That the sale was made in good faith and in reliance on the representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
125.07(6)(d)
(d) That the underage person supported the representation under par.
(a) with documentation that he or she had attained the legal drinking age.
125.07(7)
(7) Book kept by licensees and permittees. 125.07(7)(a)(a) Every retail alcohol beverage licensee or permittee may keep a book for the purposes of sub.
(6). The licensee or permittee or his or her employee may require any of the following persons to sign the book:
125.07(7)(a)1.
1. A person who has shown documentary proof that he or she has attained the legal drinking age, if the person's age is in question.
125.07(7)(a)2.
2. A person who alleges that he or she is the underage person's parent, guardian or spouse and that he or she has attained the legal drinking age, if the licensee or permittee or his or her employee suspects that he or she is not the underage person's parent, guardian or spouse or that he or she has not attained the legal drinking age.
125.07(7)(b)
(b) The book may show the date of the purchase of the alcohol beverages, the identification used in making the purchase or the identification used to establish that a person is an underage person's parent, guardian or spouse and has attained the legal drinking age, the address of the purchaser and the purchaser's signature.
125.07 History
History: 1981 c. 79,
202,
391;
1983 a. 74,
472,
538;
1985 a. 28,
29,
47,
120,
176,
221,
317,
337;
1987 a. 51,
354;
1989 a. 31,
121,
135,
253,
336,
359;
1991 a. 28,
39,
171,
269;
1993 a. 112,
472;
1995 a. 77,
334;
1997 a. 35,
84,
98,
100,
205,
337;
1999 a. 109;
2003 a. 246;
2005 a. 50;
2007 a. 8,
20;
2011 a. 32;
2013 a. 65,
249;
2015 a. 8,
55,
62,
88,
221,
279,
339;
2017 a. 7,
126.
125.07 Annotation
A vendor who negligently sells to an underage person may be liable for acts of the intoxicated underage person. Sorensen v. Jarvis,
119 Wis. 2d 627,
350 N.W.2d 108 (1984).
125.07 Annotation
A host who negligently furnished alcohol to an underage guest was negligent per se and liable for injuries to a 3rd party arising out of the guest's intoxication. Koback v. Crook,
123 Wis. 2d 259,
366 N.W.2d 857 (1985).
125.07 Annotation
Sub. (1) (a) prohibits underage persons, as well as adults, from providing alcoholic beverages to underage persons. Smith v. Kappel,
147 Wis. 2d 380,
433 N.W.2d 588 (Ct. App. 1988).
125.07 Annotation
The purpose of sub. (3) is not to avoid the likelihood that a minor who enters a licensed premises will subsequently commit an off-premises assault; a licensee who violates sub. (3) is not negligent per se if such an assault occurs. Symes v. Milwaukee Mut. Ins. Co.
178 Wis. 2d 564,
505 N.W.2d 143 (Ct. App. 1993).
125.07 Annotation
Sub. (6) provides two lines of defense: the defendant can produce any factors believed relevant including those listed in pars. (a) to (d) or can produce evidence meeting all four elements of pars. (a) to (d), which if proven constitutes an absolute defense. City of Oshkosh v. Abitz,
187 Wis. 2d 202,
522 N.W.2d 258 (Ct. App. 1994).
125.07 Annotation
In order to “knowingly permit" consumption by an underage person under sub. (1) (a) 3., there must be evidence, or a reasonable inference from evidence, that the person knew or should have known that drinking would occur. Miller v. Thomack,
204 Wis. 2d 242,
555 N.W.2d 130 (Ct. App. 1996),
95-1684.
125.07 Annotation
An individual who contributes money for the intent of purchasing alcohol knowing that it will be consumed by an underage person “procures" alcohol for the underage person. Miller v. Thomack,
210 Wis. 2d 650,
563 N.W.2d 891 (1997),
95-1684.
125.07 Annotation
Underage drinkers are not accompanied by a parent for the purposes of sub. (1) (a) merely because the parent and child are on the same premises. Parents who held a party and told their son not to drink where he could be observed by the other guests and who did not know how much their son drank were neither supervising nor otherwise controlling their son when he was drinking and were thus not accompanying him. Mueller v. McMillian Warner Insurance Company,
2005 WI App 210,
287 Wis. 2d 154,
704 N.W.2d 613,
05-0121.
125.07 Annotation
A county's social host ordinance did not strictly comply with this section because it applied to the host's residence. Under sub. (1) (a) 3., “No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control.” “Premises” is defined under s. 125.02 (14m) as “the area described in a license or permit.” The definition limits sub. (1) (a) 3. to areas described in a license or permit — not a private residence. There is no textual basis to depart from basic statutory construction: the defined term must be given effect. County of Fond du Lac v. Muche,
2016 WI App 84,
372 Wis. 2d 403,
888 N.W.2d 12,
15-2223.
125.07 Annotation
Liquor liability and blame-shifting defenses: Do they mix? Kelly. 69 MLR 217 (1986).
125.07 Annotation
Imposition of liability on social hosts in drunk driving cases: A judicial response mandated by principles of common law and common sense. Goldberg. 69 MLR 251 (1986).
125.07 Annotation
Social Host Liability for Underage Drinking. Hinkston. Wis. Law. June 2008.
125.075
125.075
Injury or death by providing alcohol beverages to a minor. 125.075(1)(1)
Any person who procures alcohol beverages for or sells, dispenses or gives away alcohol beverages to a person under 18 years of age in violation of s.
125.07 (1) (a) 1. or
2. may be penalized as provided in sub.
(2) if:
125.075(1)(a)
(a) The person knew or should have known that the underage person was under the legal drinking age; and
125.075(1m)
(1m) In determining under sub.
(1) (a) whether a person knew or should have known that the underage person was under the legal drinking age, all relevant circumstances surrounding the procuring, selling, dispensing or giving away of the alcohol beverages may be considered, including any circumstance under pars.
(a) to
(d). In addition, a person has a defense to criminal liability under sub.
(1) if all of the following occur:
125.075(1m)(a)
(a) The underage person falsely represents that he or she has attained the legal drinking age.
125.075(1m)(b)
(b) The underage person supports the representation under par.
(a) with documentation that he or she has attained the legal drinking age.
125.075(1m)(c)
(c) The alcohol beverages are provided in good faith reliance on the underage person's representation that he or she has attained the legal drinking age.
125.075(1m)(d)
(d) The appearance of the underage person is such that an ordinary and prudent person would believe that he or she had attained the legal drinking age.
125.075(2)(a)(a) Whoever violates sub.
(1) is guilty of a Class H felony if the underage person suffers great bodily harm, as defined in s.
939.22 (14).
125.075(2)(b)
(b) Whoever violates sub.
(1) is guilty of a Class G felony if the underage person dies.
125.075 Annotation
The reference in sub. (1) to a single minor or underage person does not preclude its application to a defendant who procures alcohol beverages for a group of persons that the defendant knew or should have known were underage persons. It would be unreasonable to interpret sub. (1) as requiring a personal interaction between the defendant and the victim, or as requiring that the defendant have knowledge that a particular underage person would consume the alcohol procured by the defendant. State v. Wille,
2007 WI App 27,
299 Wis. 2d 531,
728 N.W.2d 343,
05-2839.
125.085(1)(1)
Definition. In this section, “official identification card" means any of the following:
125.085(1)(a)
(a) A valid operator's license issued under ch.
343 that contains the photograph of the holder.
125.085(1)(d)
(d) A valid military identification card issued to a member of the U.S. armed forces, or forces incorporated as part of the U.S. armed forces, that contains the person's photograph and date of birth.
125.085(1)(f)
(f) A valid identification card issued by a federally recognized American Indian tribe or band in this state that contains the card holder's photograph, full name, address, and date of birth.
125.085(2)
(2) Use. No card other than the identification card authorized under this section may be recognized as an official identification card in this state. Any licensee or permittee under this chapter may require a person to present an official identification card, documentary proof of age, an operator's license issued by another jurisdiction, or any other form of identification or proof of age acceptable to the licensee or permittee before providing alcohol beverages to the person or allowing the person to enter the premises for which the license or permit has been issued. Nothing in this subsection requires a licensee or permittee to accept any form of identification that does not appear to be valid or authentic or appears altered.
125.085(3)
(3) Penalties for falsification of proof of age. 125.085(3)(a)1.1. No person may make, alter or duplicate an official identification card, provide an official identification card to an underage person or knowingly provide other documentation to an underage person purporting to show that the underage person has attained the legal drinking age. No person may possess an official identification card or other documentation used for proof of age with the intent of providing it to an underage person. Except as provided in subds.
2. and
3., any person who violates this subdivision may be fined not less than $300 nor more than $1,250 or imprisoned for not less than 10 days nor more than 30 days or both.
125.085(3)(a)2.
2. Any person who violates subd.
1. for money or other consideration is guilty of a Class I felony.
125.085(3)(a)3.
3. Subdivisions
1. and
2. do not apply to a person who is authorized to make an official identification card under ch.
343 or under authority of a tribal government.
125.085(3)(b)
(b) Any underage person who does any of the following is guilty of a violation:
125.085(3)(b)1.
1. Intentionally carries an official identification card not legally issued to him or her, an official identification card obtained under false pretenses or an official identification card which has been altered or duplicated to convey false information.
