The History of Wisconsin’s Alcohol Laws: A Drunk Culture or Lobbyists Drunk with Power?

Mark Gaber, Stanford Law School

Abstract

Wisconsin leads the nation in a bevy of alcohol consumption statistics—from binge drinking to admitted drunk drivers to liquor licenses—and has among the most lenient alcohol laws in the nation as well. It is the only state that does not criminalize the first offense of drunk driving, one of a handful that does not permit drunk driving checkpoints, and the only state where children can be served alcohol at bars with the consent of their parents. Many point to the state’s German heritage to explain its affinity for alcohol. While this might explain the genesis of the state’s drinking culture, it cannot alone explain the relatively lax alcohol laws, given that states with similar cultural profiles and drinking statistics, like North Dakota and Minnesota, have more strict laws. This paper examines the influence of lobbying groups, including the Wisconsin Tavern League, on Wisconsin alcohol laws from the 1850s to today, and determines that the unique historical presence of strong alcohol lobbying groups in the state, more so than any cultural factor, is the most likely explanation for the state’s lenient drunk driving and alcohol consumption laws.