If I’m an probation in MN for a DUI and cant have any drinking offenses for 3 year’s or till I’m 21 in dec what happens if I got

and under age in my home state of wi? Mn said my next offense which would only be my second ever would have to serve 30 days in jail. Can they put my in jail for a month for and under age drinking? Or wont my home state of wi even have anything to do with my mn ticket?Thanks

Asked on July 6, 2009 under Criminal Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all by way of background, out-of-state DUI's are reported back to the licensing state by virtue of something known as the" Interstate Driver's License Compact".  However, Wisconsin has not adopted this agreement so I'm not certain if your Minnesota DUI has been reported to Wisconsin as a civil matter. 

As for the criminal side, this prior offense will show up if Wisconsin runs a check on your criminal record.  However whether or not Minnesota will be informed of your Wisconsin offense is doubtful;  underage drinking is not a criminal act, it is called an "infraction".  Generally just a fine is imposed.  

Since I'm not licensed in either jurisdiction, you will need to consult with an attorneys in both states to see just how each one would treat such a case.

No matter what else does or doesn't happen you should realize by now that alcohol is causing a problem in your life.  You need to deal with it.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'd expect to have the Minnesota offense show up when the Wisconsin court checks your records, so you won't get first-offender preferential treatment this time around.  It's quite possible that once you are convicted in Wisconsin, the Minnesota court will pick up on that and violate your probation or deferred adjudication, and order you to jail for that.  You need to talk to lawyers in each state, about the different court cases, for reliable advice based on all of the facts.  You can find attorneys in any state at our website, http://attorneypages.com

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