State ex rel. Jacobus v. State
In State ex rel. Jacobus v. State, 208 Wis. 2d 39, 559 N.W.2d 900 (1997), the Court acknowledged that alcoholics and intoxicated persons are usually immune from criminal prosecution because of their consumption of alcoholic beverages. See 208 Wis. 2d at 48-49; see also Wis. Stat. 51.45(1).
Nonetheless, the court concluded that the State may criminally prosecute an individual for "bail jumping due to consumption of alcohol in violation of a condition of a bond." See Jacobus, 208 Wis. 2d at 54.
The Jacobus court explained the basis for its decision:
"When the State prosecutes an individual for bail jumping due to consumption of alcohol in violation of a condition of a bond, the State is prosecuting the individual for failing to comply with the bond condition. The State is not prosecuting the individual for public drunkenness or the consumption of alcohol. "Id.