GREEN BAY, WI (WTAQ-WLUK) – As we switch gears from Christmas to New Year’s, let’s take a look at Wisconsin’s sometimes confusing alcohol laws.
Most of the time you have to be 21 to drink alcohol… but not always.
The Department of Revenue says under state law:
“Persons under age 21 may possess and consume alcohol beverages if they are with their parents, guardians or spouses of legal drinking age; but this is at the discretion of the licensee.”
The law applies in your own home.
“Over the holidays right now, maybe you’re going to have a glass of wine with your parents over Christmas dinner. That’s perfectly legal,” Sergeant Andrew Hyer with the Wisconsin State Patrol says. “But you’ve got to stay accompanied by your parents during that time period until basically you’ve sobered up.”
As the Department of Revenue says, you can drink with your parents in a bar or restaurant — but it’s ultimately up to the owner to decide if they will serve people under the age of 21.
“Maybe they’re not quite sure what the relationship is between that adult and the child and they want to make sure they’re complying with the law. So it’s always their choice,” Hyer says.
There is some confusion about the law in regards to 18 to 20-year-olds. Under Wisconsin law, those who are 18 to 20 can legally drink with a parent, guardian or spouse that is of legal drinking age. The law also applies to people under the age of 18.
The law does not list a minimum age one must be to drink with a parent or guardian.
Drinking and driving is a concern.
“The big concern from a law enforcement standpoint is what does the child do after they’ve consumed alcohol,” Hyer says.
Anyone younger than 21 has to be totally sober before driving, according to Hyer.
“They might have legally been able to consume the alcohol, but we don’t want to see them behind the wheel at all because they can’t have any alcohol in their system,” Hyer says.
While it may be legal for minors to drink with a parent, guardian or spouse — that doesn’t mean it’s safe.
The Centers for Disease Control and Prevention says underage drinking can lead to changes in brain development, drug abuse and other problems.
