Wisconsin Statutes
Wis. Stat. § 346.93 (2026)
Intoxicants in vehicle; underage persons
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346.93(1)(1) No underage person, as defined under s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcohol beverage in any motor vehicle unless the person is employed by a brewer, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier and is possessing, transporting, or having such beverage in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07 (4) (bm).
346.93(2)(2) In addition to any other penalty prescribed by law, any violation of this section by an underage person driving or operating or on duty time with respect to a commercial motor vehicle shall be punished under s. 346.65 (2u).
346.93(2f)(2f) Except as provided in sub. (2g), any person violating this section may have his or her operating privilege suspended under s. 343.30 (6) (b) 1.
346.93(2g)(2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:
346.93(2g)(a)(a) For a violation committed within 12 months of one previous violation, suspended under s. 343.30 (6) (b) 2.
346.93(2g)(b)(b) For a violation committed within 12 months of 2 or more previous violations, suspended under s. 343.30 (6) (b) 3.
346.93 HistoryHistory: 1971 c. 213 s. 5; 1983 a. 74; 1985 a. 28; 1989 a. 105; 1999 a. 109; 2007 a. 20.
Notes of Decisions
Cited in 6
cases, 1971–2008 · leading case: State v. Pallone, 2000 WI 77, 613 N.W.2d 568.
State v. Pallone, 2000 WI 77, 613 N.W.2d 568. “, Wis. Stat. §§ 346.93 and 346.935 (1997-98).”
State v. Arias, 2008 WI 84, 752 N.W.2d 748. “We do not address those issues because Arias never presented them to the circuit court and also because this matter is before us on certification of two issues: (1) "whether, under the Wisconsin Constitution, a dog sniff of a stopped vehicle is a `search'"; and (2) "whether the…”
State v. Schneck, 2002 WI App 239, 652 N.W.2d 434. “Schneck was issued a uniform traffic citation for knowingly transporting alcohol in a motor vehicle as an underage person pursuant to Wis. Stat. § 346.93 (1). The matter was prosecuted as a forfeiture action in the circuit court pursuant to Wis.”
State v. Baratka, 2002 WI App 288, 654 N.W.2d 875. “In that case, Schneck was issued a citation for knowingly transporting alcohol in a motor vehicle as an underage person pursuant to Wis. Stat. § 346.93 (1). He pled not guilty and filed a motion for summary judgment.”
City of Janesville v. Garthwaite, 266 N.W.2d 418 (Wis. 1978). “Sec. 346.93, Stats., also prohibited the possession of beer in a motor vehicle when a minor is present but only when the minor is under the age of eighteen.”
City of Janesville v. Walker, 183 N.W.2d 158 (Wis. 1971). “108, we find it conflicts, is inconsistent, and is not in strict conformity with sec. 346.93, Stats., in the following respects.”
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