Avena Law Office, LLC · Madison, Wisconsin

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Avena Law Office, LLC

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

Madison OWI & DUI Lawyer

Madison OWI & DUI Lawyer for Wisconsin Drunk Driving Charges

Charged with OWI in Madison, Dane County, or South-Central Wisconsin? Attorney Glenn E. Avena helps drivers, students, young adults, and families respond quickly, protect driving privileges, and fight the evidence behind Wisconsin drunk driving allegations.

Dane County Courts Se Habla Español Free Consultation
OWI Defense in MadisonOperating while intoxicated, PAC, refusal, drugged driving, and underage OWI.
Fast Case ReviewEarly action can protect deadlines, evidence, and license options.
Attorney Glenn E. AvenaMadison-based criminal defense serving South-Central Wisconsin.

Madison OWI Lawyer

Local OWI Defense From a Madison Office

Avena Law Office, LLC is based in Madison and provides focused Wisconsin OWI defense for drivers facing drunk driving, refusal, BAC testing, underage OWI, drugged driving, and license-related consequences.

Madison OWI Lawyer office for Avena Law Office

The Deadline Most People Miss

You Have 10 Days to Demand a Refusal Hearing

If you refused a breath or blood test, the officer handed you a Notice of Intent to Revoke Operating Privilege. Under Wis. Stat. § 343.305(9)(a)4. you must deliver a written hearing request to the court within 10 days. Miss it and the revocation simply begins. Enter the date on that notice.

A calendar count is not legal advice, and the exact filing requirements depend on the notice you were given and the court named on it. Bring the notice to Avena Law Office and have it read the same day.

Act Quickly After an OWI Arrest

What to Do After an OWI in Madison, Wisconsin

Wisconsin calls this charge Operating While Intoxicated, or OWI. Many people search for DUI, DWI, OUI, drunk driving lawyer, or OWI lawyer near me. Whatever term brought you here, the next step is the same: get legal guidance before deadlines, paperwork, and statements make the case harder.

Do not ignore paperwork.Save citations, bond paperwork, court notices, test documents, and any Notice of Intent to Suspend or Revoke.
Do not guess through police contact.Do not explain the facts to police, prosecutors, school officials, or employers without legal advice.
Write down the timeline.Record where you were stopped, what officers said, what tests happened, and who may have witnessed the stop.
Call before the case moves.Avena Law Office can review the stop, field tests, breath or blood evidence, refusal issues, and court strategy.

Just Arrested or Cited?

The questions everyone asks before they call

An OWI arrest arrives with a stack of paperwork — citations, a temporary license, forms that say operating while intoxicated, prohibited alcohol concentration, refusal, revocation, ignition interlock — and no explanation. Start with the question keeping you up tonight. Each one leads to a straight answer.

Defense Strategy

How a Madison OWI Attorney Can Fight the Case

Traffic Stop

Was there a lawful basis to stop the vehicle? If the stop was weak or unsupported, key evidence may be challenged.

Field Sobriety Tests

Roadside tests can be affected by instructions, medical issues, weather, fatigue, nerves, lighting, footwear, and officer interpretation.

Breath or Blood Testing

Testing procedure, timing, calibration, chain of custody, blood draw issues, and constitutional concerns can all matter.

Refusal Allegations

Refusal cases can create separate license consequences and should be reviewed quickly for procedure and deadline issues.

Drugged Driving

Cases involving THC, prescription medication, or controlled substances require careful review of impairment and lab evidence.

Student and Underage OWI

For students and young adults, an OWI can affect school, scholarships, family stress, employment, and future applications.

Wisconsin OWI Consequences

An OWI Can Affect Your License, Record, Job, and Future

Wisconsin DOT explains that OWI penalties can range from forfeiture and license revocation for a first offense to jail or prison exposure and longer revocations for later offenses or cases involving injury. A conviction may also trigger an assessment, driver safety plan, ignition interlock requirements, insurance consequences, and commercial license concerns depending on the facts.

First 72 Hours

What to Do in the First Few Days After a Madison OWI Arrest

1. Save Everything

Keep citations, bond papers, temporary license documents, refusal forms, blood draw paperwork, tow paperwork, and court notices together. Photos of documents are helpful, but the original paperwork may still matter.

2. Write a Timeline

Write down where you were before driving, when you ate, what you drank or took, where the stop happened, what the officer said, what tests were requested, and what happened after arrest.

3. Preserve Evidence

Save text messages, rideshare records, receipts, location history, witness names, medication labels, medical information, and anything that may explain the situation or timing.

4. Call a Lawyer

Do not wait for the first court date. Early review can identify license concerns, refusal deadlines, video evidence, testing problems, and opportunities to shape the defense before the case hardens.

The first week is where cases are protected or damaged
  • An administrative deadline slips by unnoticed — some license consequences run on their own clock, not the court's.
  • Bond conditions get misread, and a new violation lands on top of the OWI.
  • “It's just a ticket” thinking leads to a fast plea that cannot be taken back.
  • Explaining yourself to police fills the report with statements the defense has to fight later.

Evidence in OWI Cases

The State Must Prove It: Four Places the Proof Gets Tested

An OWI conviction is not about whether someone drank. The government must prove legally meaningful facts — that the vehicle was operated, that the stop was lawful, that the arrest was supported, and that the test result is admissible and reliable. Every link in that chain can be examined.

1. The Stop

A traffic stop is not valid just because an arrest followed it.

  • Squad and body-camera video, read against the written report
  • The claimed violation: speeding, lane deviation, equipment
  • Dispatch records and the true timeline
  • Whether the investigation expanded lawfully

2. Field Sobriety Tests

Standardized tests, administered on messy Madison roadsides.

  • Instructions, scoring, and officer interpretation
  • Winter pavement, poor lighting, traffic noise
  • Injuries, fatigue, anxiety, medical conditions, footwear
  • Language barriers and confusing directions

3. Breath and Blood

A number is only as good as the procedure that produced it.

  • Observation periods and test timing
  • Machine maintenance and calibration records
  • Blood-draw procedure and lab handling
  • Whether the result reflects the time of driving

4. The Paper Trail

Procedure and constitutional rules bind every step in between.

  • Implied-consent warnings, properly given
  • Chain of custody for every sample
  • Probable cause for the arrest itself
  • Discovery the state is required to turn over

Types of Madison OWI Cases

Targeted OWI Defense Pages for Specific Problems

One OWI arrest can raise several distinct legal problems at once. Each page below answers one of them in depth — find the one that matches the paperwork in front of you.

First Offense OWI

Many first-offense drivers underestimate the license, insurance, and employment consequences. A first case still deserves a full defense review.

First offense OWI help

Second Offense OWI

A second offense can be more serious and often requires immediate planning around exposure, license issues, and mitigation.

Second offense OWI help

Refusal Hearing

Refusal allegations can create separate proceedings and license consequences, so timing and paperwork need quick attention.

Refusal hearing help

Occupational License

Drivers may need help understanding whether limited driving privileges are possible after suspension or revocation.

Occupational license help

CDL OWI

Commercial drivers face career-level consequences from alcohol-related driving allegations, even when the case involves a personal vehicle.

CDL OWI help

Underage OWI

Students and young drivers may face school, scholarship, family, and licensing consequences beyond the citation itself.

Underage OWI help

Drugged Driving

THC, prescription medications, controlled substances, and mixed-use allegations require careful testing and impairment analysis.

Drugged driving help

BAC Test Defense

Breath and blood test cases may involve calibration, timing, lab handling, draw procedure, and constitutional concerns.

BAC test defense help

DUI? DWI? OUI?

One charge, many names. Wisconsin calls it OWI.

People arrive here searching for a Madison DUI lawyer, a DWI attorney, an OUI lawyer, or a drunk driving attorney. Wisconsin statutes use one term for all of it: operating while intoxicated. The word on the citation changes nothing about the defense — but knowing the vocabulary helps you read your own paperwork.

OWI, Operating While Intoxicated
The term Wisconsin law actually uses, and the one printed on your citation. It covers operating a motor vehicle while under the influence of alcohol, a controlled substance, or any combination that renders you incapable of safe driving. Wis. Stat. § 346.63(1)
DUI, Driving Under the Influence
What most of the country — and most Madison searchers — call the same offense. A “Madison DUI lawyer” and a Madison OWI lawyer are defending the identical Wisconsin charge, under the identical statute.
DWI, Driving While Intoxicated
The label used in states like Texas, New York, and Missouri. Drivers who move to Wisconsin, or who are licensed elsewhere and charged here, often search for a DWI attorney. In a Wisconsin courtroom, the case proceeds as OWI.
OUI, Operating Under the Influence
The term used in Maine and Massachusetts, and a common search from out-of-state drivers cited around Madison. Wisconsin prosecutes it as OWI, and the defense is built on Wisconsin law and Dane County procedure.
PAC, Prohibited Alcohol Concentration
A separate count that often appears next to OWI on the same citation. OWI alleges impairment; PAC alleges the number itself. Both can be charged from one stop, though you are generally sentenced on only one. Wis. Stat. § 346.63(1)(b)
Drunk driving charge
The plain-language phrase behind searches like “drunk driving attorney Madison WI.” Whatever it is called at the kitchen table, the state must still prove a lawful stop, a supported arrest, and a reliable test.

Local Knowledge, Whole-Life Defense

A Dane County Case, Defended by Someone Who Works Here

Where the stop happened decides the agency, the court, and the prosecutor — and the defense plan should account for all three. Madison OWI cases come from city police, UW–Madison stops, the Dane County Sheriff's Office, the Wisconsin State Patrol, and suburban departments in Fitchburg, Middleton, Verona, Sun Prairie, Monona, McFarland, Oregon, Waunakee, DeForest, and Stoughton. The office itself is on Madison’s south side — 1402 Greenway Cross, Suite 202, just south of the Beltline at Fish Hatchery Road — minutes from Fitchburg, the Verona Road corridor, and the Dane County Courthouse, with help near you whether the stop happened downtown, on campus, or on the Beltline.

Madison Police Department UW–Madison Police Dane County Sheriff's Office Wisconsin State Patrol Suburban departments

Driving Privileges

Suspension, revocation, refusal consequences, occupational license questions, ignition interlock, and insurance issues can affect daily life quickly.

School and Career

Students, licensed professionals, health care workers, teachers, drivers, and people in background-check-heavy jobs may need broader planning.

Family Stress

Parents, spouses, and young adults often need calm guidance about what is urgent, what can wait, and what not to say or do.

The charge is the same word. The stakes never are.

A college student stopped near campus, a CDL driver on the Beltline, and a parent driving home from dinner get the same citation and face completely different risks. The free consultation is where those risks get named — traffic-stop issues, refusal deadlines, BAC testing questions, school or licensing exposure — before any of them harden into consequences.

Attorney Strategy

How Glenn E. Avena works a Madison OWI case

Not slogans — records, timelines, local procedure, and the pressure points that matter in your specific case. Open any stage to see what it involves.

A college student, a CDL holder, a nurse, a parent, a veteran — the citation says OWI on every one, but what has to be protected is different every time. The first conversation maps the immediate risk.

  • Court dates, refusal paperwork, and whether you can legally drive today.
  • Anything that raises the stakes: a crash, an injury, a child in the vehicle, a commercial license.
  • Alcohol, THC, or prescription medication — the substance changes the evidence.
  • Probation, bond, or companion charges such as possession or disorderly conduct.

Police reports sound confident. Squad video, body-camera footage, and lab records sometimes tell a different story, and finding the gap between them is where OWI defenses are built.

  • Squad and body-camera video, compared line by line against the written report.
  • Dispatch audio and the actual timeline of the stop.
  • Breath and blood records, maintenance logs, and lab reports.
  • Field sobriety test details and the officer's training records.

Not every case should be tried, and not every case should be negotiated quickly. The point is to know which yours is before any rights are given up.

  • A bad stop, weak field testing, an unclear refusal, or a testing problem.
  • Video contradictions, missing witnesses, and overcharged allegations.
  • Mitigation and treatment progress that support a negotiated outcome.
  • Motions worth filing — and motions that would only cost you money.

A citation with one date, a DMV notice with another, and instructions nobody explains — the defense sorts those pieces into a plan you understand before anything is signed.

  • Which date is a court appearance and which deadline protects your license.
  • What a plea would actually mean, spelled out before anyone agrees to it.
  • Collateral consequences: insurance, employment screening, professional licensing, immigration, travel.
  • Direct answers to direct questions — the strongest facts against you, the weaknesses, the realistic outcomes.

Wisconsin OWI Penalty Reference

What a Wisconsin OWI Conviction Can Carry

These are the fine and jail ranges written into Wisconsin Statute § 346.65(2). Move the selections to see how the offense number, the reported alcohol concentration, and a passenger under 16 change the exposure.

Which offense is this?
Reported alcohol concentration
Passenger under 16 in the vehicle?
This is general public information, not legal advice. Figures come from Wis. Stat. § 346.65(2): the fine multipliers in § 346.65(2)(g), the doubling in § 346.65(2)(f)2. for a passenger under 16, which also makes a third or later offense a felony, and § 346.65(2)(f)1., under which a first offense with a passenger under 16 stops being a civil forfeiture. They do not include the OWI surcharge, license revocation, ignition interlock, assessment costs, or any other penalty. Wisconsin counts a second offense using a 10-year look-back and third and later offenses over a lifetime, and a prior refusal can count as a prior offense. Only a lawyer who has reviewed your paperwork can tell you what you actually face.

Madison OWI FAQ

Questions About Wisconsin OWI Defense

Is OWI the same as DUI in Wisconsin?

Wisconsin statutes use the term Operating While Intoxicated, or OWI. Many people still search DUI, DWI, OUI, or drunk driving. Avena Law Office handles Wisconsin OWI defense for all of those search terms.

What are the legal BAC limits in Wisconsin?

For most drivers the limit is 0.08. Commercial drivers are held to 0.04 in a commercial vehicle, anyone with three or more prior OWI convictions is held to 0.02, and drivers under 21 may not have any alcohol in their system at all under Wisconsin’s absolute sobriety rule. Wis. Stat. § 340.01(46m) sets the thresholds and § 346.63(2m) covers drivers under 21. Staying under the limit does not prevent an OWI charge if driving was actually impaired.

Is a first offense OWI a crime in Wisconsin?

Usually not. A standard first offense is a civil violation under Wis. Stat. § 346.65(2): a forfeiture, license revocation, and an alcohol assessment, with no jail authorized. It becomes criminal when a passenger under 16 was in the vehicle or when there is a prior conviction on the record. From the second offense on, OWI is a crime in Wisconsin, and a fourth offense is a felony.

How many days do you have to act after a Wisconsin OWI arrest?

Ten. If you refused the test, a written refusal-hearing request must reach the court within 10 days of the notice under Wis. Stat. § 343.305(9)(a)4. If you tested over the limit, the administrative suspension likewise gives you 10 days to request review. Miss those windows and the license consequences begin on their own, before any court date.

Should I hire a lawyer for a first offense OWI in Madison?

Yes. Even a first OWI can affect your license, insurance, school, job, commercial driving, and future background questions. A lawyer can review the stop, testing, refusal issues, and possible defenses.

Can a Madison OWI charge be reduced or dismissed?

Sometimes. It depends on the stop, evidence, testing procedure, officer observations, prior record, and legal issues. Every case needs an individual review.

What if I refused a breath or blood test?

Refusal allegations can create separate license consequences and deadlines. Contact an attorney quickly so the paperwork and procedure can be reviewed.

Does Avena Law Office handle underage or student OWI cases?

Yes. Attorney Glenn E. Avena represents students, young adults, parents, and families facing underage OWI, alcohol citations, fake ID concerns, and related criminal or traffic matters.

How long does an OWI stay on your record in Wisconsin?

Permanently. Wisconsin does not remove an OWI conviction from the driving record, and prior offenses keep counting: only a second offense is limited to a ten-year window for criminal charging, and from a third offense on, every prior counts no matter how old it is. That permanence is the strongest reason to defend the case properly the first time.

Can an OWI be expunged in Wisconsin?

No. Wisconsin’s expungement law does not reach OWI convictions, and even a first-offense civil OWI stays on the driving record and counts as a prior. Criminal charges that were filed alongside an OWI are sometimes a different story, so the whole case file is worth a review.

Will I lose my license immediately after an OWI arrest?

Not at the moment of arrest, but a clock may already be running. A reported breath or blood result of 0.08 or more brings a Notice of Intent to Suspend, and the administrative suspension takes effect when the 30-day temporary license on your notice ends. A review request made within 10 days gets a hearing scheduled, but it does not by itself pause the suspension. A refusal starts a separate 10-day deadline. Bring every piece of paperwork to the first call and both clocks get checked.

Do I have to do field sobriety tests in Wisconsin?

Roadside field sobriety tests are voluntary in Wisconsin. Declining them is not the same as refusing the chemical test after arrest, which carries its own license consequences. If you already did the tests, how they were explained, demonstrated, and scored is something the defense review looks at closely.

Do I need a lawyer for a DUI in Wisconsin?

Wisconsin writes the charge as OWI, but the situation people call a DUI carries the same deadlines and the same license, insurance, and record consequences. A lawyer reviews the stop, the testing, any refusal allegation, and the clocks that are already running — and the first consultation with Avena Law Office is free.

How much does an OWI lawyer cost in Madison?

It depends on the offense number, the court, and how far the case has to go. Avena Law Office explains its fee structure openly on its fees page and quotes the fee at the free consultation, before you commit to anything, so there are no surprises later.

Does Avena Law Office handle OWI cases in Spanish?

Yes. The firm serves Spanish-speaking drivers and families across Madison and Dane County, and this entire site — including the Spanish OWI page — is published in both languages. You can explain what happened in Spanish and get answers in Spanish about the charge, the court process, and your options.

The Dane County Courthouse, Madison
The Dane County Courthouse, Madison. 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 runs a Madison criminal defense practice from one 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.

Free Consultation

Talk to a Madison OWI Lawyer Today

If you were arrested, cited, or charged with OWI, call now or send the form before the case moves further.

Immediate Case ReviewGet the citations, stop, testing, refusal, and deadlines reviewed.
License and Court GuidanceUnderstand what steps may matter before your next court or DMV deadline.
Direct Attorney StrategyAttorney Glenn E. Avena is ready to discuss the facts and next steps.

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