Avena Law Office, LLC · Madison, Wisconsin

Avena Law Office, LLC

Arrested or cited? A Wisconsin refusal hearing must be requested in 10 days. Call 608.271.2271 for a free consultation.

Madison Underage OWI Lawyer

Madison Underage OWI Lawyer for Students and Young Drivers

An underage OWI or alcohol-related driving allegation can affect school, scholarships, family trust, driving privileges, and a young person's future. Attorney Glenn E. Avena helps families act quickly.

Underage OWI DefenseStudents, young adults, and parents.
Future-FocusedSchool, license, record, and family consequences matter.
Fast Parent GuidanceKnow what to do before anyone says too much.

Young Driver Charged?

Underage OWI Cases Need Calm, Fast Action

A young person accused of OWI may be scared and tempted to explain everything to police, school officials, friends, or parents before legal advice. That can make things worse. Early guidance helps the family understand the charge, court process, license issues, school concerns, and defense options.

Attorney Glenn E. Avena represents juveniles, students, young adults, and families in Madison and South-Central Wisconsin. The defense may involve the stop, testing, statements, alcohol concentration, age-related rules, school consequences, and possible related citations.

Save school paperwork.School discipline, scholarship, or housing issues may arise.
Limit statements.Do not let the young person discuss facts without advice.
Bring parents into strategy.Families need clear next steps, not panic.
Call quickly.Early defense can protect long-term opportunities.

Student OWI Concerns

More Than a Traffic Case

School and Scholarships

Students may need guidance about discipline, applications, housing, and scholarships.

License Issues

Young drivers may depend on driving for school, work, and family obligations.

Future Applications

Background questions, internships, military, licensing, and employment may all matter.

Family Guidance

Parents and Students Need a Clear Plan

Underage OWI cases can create panic inside a family. Parents may want answers immediately, while the young person may be embarrassed, defensive, or scared. The most important first step is to stop guessing and get reliable guidance before anyone makes statements that complicate the defense.

Attorney Glenn E. Avena focuses on protecting the young person's record, education, driving privileges, and future opportunities. The defense may involve reviewing the traffic stop, age-related alcohol rules, field tests, breath or blood testing, school consequences, and related charges such as fake ID, underage alcohol possession, disorderly conduct, or drug possession.

Families should gather citations, school communications, scholarship or housing notices, license paperwork, and any witness information. The earlier those issues are identified, the better the defense can be shaped around both the legal case and the young person's future.

Monona Terrace on the Madison lakefront
Monona Terrace on the Madison lakefront. Photograph by Michael Barera, CC BY-SA 4.0 via Wikimedia Commons.

Local Defense, Local Courts

Your case is heard here, by people who work here

Avena Law Office, LLC practices out of one Madison office and appears in the courthouses of Dane, Columbia, and the surrounding South-Central Wisconsin counties. Knowing the courtroom, the prosecutors, and how a county actually handles a charge is not a detail. It changes what can be negotiated.

Common Questions

Underage OWI Questions Wisconsin Parents and Students Ask

Can a driver under 21 get an OWI in Wisconsin even if they were under the legal limit?

Yes. Wisconsin's absolute sobriety law, Wis. Stat. s. 346.63(2m), makes it a violation for anyone under 21 to drive with any measurable alcohol in their system. There is no allowance for one beer. Depending on the alcohol concentration and what the officer reports, a young driver can face an absolute sobriety citation, a standard OWI charge under s. 346.63, or both.

Will my son or daughter lose their license after an underage drinking and driving ticket in Wisconsin?

A suspension or revocation is a real possibility, and the length depends on the driver's age, the alcohol concentration, whether this is a first violation, and whether a chemical test was refused. Wisconsin handles the license side administratively through the DMV on a separate track from the court case, so license deadlines can pass while the criminal or forfeiture case is still pending. Ask about both tracks right away.

My teenager refused the breath test in Dane County. What happens now?

A refusal is handled separately from the OWI itself. If your child received a Notice of Intent to Revoke, a refusal hearing must be requested in writing within 10 days of that notice under Wis. Stat. s. 343.305(9)(a)4. Missing that deadline generally means the revocation moves forward without a hearing. A refusal can also count as a prior offense if there is ever another alcohol-related driving case.

Will an underage OWI in Madison follow my child for years?

It can. Wisconsin keeps alcohol-related driving violations on the DMV driving record, and prior offenses are counted when a later charge is filed. Under Wis. Stat. s. 343.307, a second offense uses a 10-year look-back, while a third and any later offense count for life. That is why a violation at 18 or 19 can still change how a case at 30 is charged.

Can an underage OWI affect college admission, scholarships, or student housing?

It can. Schools, scholarship programs, and housing offices often run their own conduct process, and that process moves on its own schedule, separate from the court case. Statements made to a dean, a coach, or a residence hall director are usually not confidential and can end up in the criminal file. Save every letter and email the school sends and get legal advice before responding to any of it.

Should my child explain what happened to the police before we hire a lawyer?

No. A frightened young person will usually try to explain, and those explanations often supply the exact facts the State needs about drinking, driving, and timing. Your child can politely say they do not want to answer questions and would like a lawyer, and that is not an admission of guilt. Avena Law Office offers a free consultation at 608.271.2271 before anyone gives a statement.

Free Consultation

Talk to a Madison Underage OWI Lawyer Today

If your child or student was charged, call now before the case moves further.

Request a Free Underage OWI Consultation

Complete the form and Avena Law Office will review your request.

The fastest way for the firm to reach you.
Include the date, the county, and any court date you already have.

Prefer to talk now? Call 608.271.2271.

Free Consultation · Se Habla Español

Tell us what happened. We will tell you where you stand.

No cost, no obligation, and nothing you say leaves this office. Attorney Glenn E. Avena reviews the facts himself and tells you plainly what the charge means, what the deadlines are, and what can be done about it.

Call 608.271.2271 Request a Consultation

Weekdays 8:30am–5:00pm. If we are in court, leave your name, your county, and any court date, and the call is returned.

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