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Madison Drunk Driving & OWI Lawyers

Madison OWI attorneys take OWI cases whether it is the a 1st OWI, 2nd OWI, or 5th OWI. Sometimes called DUIs or drunk driving charges, in Dane County they are legally called OWIs. Each subsequent OWI has more severe penalties, but an expert OWI lawyer knows that even a 1st OWI should be taken seriously.

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What Constitutes an OWI in Madison?

In Madison, Wisconsin, an OWI (Operating While Intoxicated) means driving a motor vehicle while under the influence of alcohol, drugs, or other restricted/illegal substances that impair your ability to drive safely. According to Wisconsin state law, an OWI involves the following:

Blood Alcohol Concentration (BAC) Limits

  1. 0.08% or higher for drivers aged 21 and older.
  2. 0.04% or higher for drivers operating commercial vehicles.
  3. 0.02% or higher for drivers with three or more prior OWI convictions.
  4. Any detectable amount of a restricted controlled substance in your system (such as recreational drugs like cannabis or prescribed drugs that impair driving).

Impairment Standard

If your BAC is below the legal limit, you can still be charged with OWI. If law enforcement determines alcohol, drugs, or a combination of both impaired your ability to operate a motor vehicle, you can be charged.

Refusal to Take a Chemical Test

Wisconsin follows an implied consent law, which means if you’re lawfully arrested for an OWI, you must submit to a chemical test (breath, blood, or urine). Refusing to comply can lead to extra penalties, such as license revocation and the installation of an ignition interlock device.

Aggravating Factors

The following conditions can elevate the seriousness of an OWI charge:

  • Driving with a minor under 16 years old in the vehicle.
  • Causing injury or death while operating under the influence.
  • Prior OWI convictions.

Free consultation with a Madison OWI attorney

Grieve Law offers free legal consultations in Madison for anyone facing drunk driving charges. Our Madison OWI lawyers listen, analyze your case, and explore your options with you. We break down your charges and explain all potential outcomes and penalties. Remember, you’re only guilty if convicted. Contact our office as soon as possible.

Madison's Best OWI Lawyers

The Madison OWI lawyers at Grieve Law Criminal Defense are amongst the most educated & experienced drunk driving attorneys in Dane County. Our drunk driving lawyers have a remarkable record of success and a solid reputation for getting OWI charges reduced or dropped entirely. Many of our OWI attorneys are former prosecution attorneys, meaning we already know what the other side is thinking and we’re ready for anything they’ll throw at us in court.

Awards and recognitions our outstanding attorneys have received include: Wisconsin Rising Stars (Super Lawyers), Top Lawyer (Madison Magazine), Client’s Choice Award – DUI & DWI (Avvo.com), Top 100 Lawyers (National Trial Lawyers Association) and so many more.

Our drunk driving lawyers fight all types of OWI charges, including misdemeanor charges, felony charges, drug OWI charges and more. If you or a loved one are looking for help reducing or beating drunk driving charges (or just want to talk about your options), contact our Madison OWI Attorneys today.

Penalties for Different OWI Offenses

The penalties and fines associated with a first-offense OWI are much different than those of a second, third or fourth offense. Possible penalties for a drunk driving conviction in Madison include jail time, fines, license revocation and an ignition interlock device (IID).

First Offense OWI in Madison

Though a first offense OWI in Madison counts as a civil violation, the penalties can still impact your license, job, and insurance. Even if your BAC was below the legal limit, the court can impose penalties based on impairment.

Penalties for 1st OWI in Madison:

With a Minor Under 16 in the Vehicle:

  • Fines increase to $350–$1,100
  • Up to 6 months in jail
  • 18-month license revocation
  • Mandatory IID installation

Second Offense OWI in Madison

A second OWI in Madison becomes a criminal misdemeanor with enhanced penalties, especially if it occurs within 10 years of the first conviction. Even if ten or more years have passed, the charge still carries serious consequences.

Penalties for 2nd OWI:

  • $350–$1,100 in fines (plus $435 surcharge)
  • 12–18 months of license revocation
  • 5 days to 6 months in jail
  • 12–18 months with an IID
  • Mandatory SR-22 insurance
  • Alcohol and drug assessment with follow-through

With a Minor Under 16 in the Vehicle

  • $700–$2,200 in fines
  • 2–3 years license revocation
  • 10 days to 1 year in jail
  • 1–3 years with an IID

Third Offense OWI in Madison

A third OWI in Madison carries mandatory jail time, higher fines, and long-term restrictions. Unlike a second offense, there is no 10-year lookback limit. All prior OWIs count.

Penalties for 3rd OWI:

  • 45 days to 1 year in jail
  • $600–$2,000 in fines (plus $435 surcharge)
  • 2–3 years of license revocation
  • 1–3 years with an IID
  • Absolute sobriety is required for occupational licenses
  • Lifetime .02% BAC limit
  • Travel bans, including the potential denial of entry to Canada

With a Minor Under 16 in the Vehicle:

  • Up to 2 years in jail
  • 6 years of license revocation
  • 6 years with an IID
  • Fines increase significantly

Fourth Offense OWI Penalties

  • Up to 6 years in jail
  • Driver’s license revocation for 2-3 years after conviction
  •  Drivers license revocation for life with no possibility of an occupational license if previously convicted within 15 years
  • Up to $10,000 in fines
  • Absolute sobriety for an occupational license
  • Mandatory alcohol assessment and treatment
  • Up to 3 years of a required ignition interlock device in your vehicle(s)
  • ‘Driver improvement’ surcharge of $435
  • Travel ban to Canada (and some restrictions with traveling to the European Union)
  • Possible community service
  • Learn more about 4th offense DUI/OWI charges in Wisconsin

Can I Reduce My Drunk Driving Charges?

Depending on the details of your Madison drunk driving case, reducing your penalties is a likely possibility if you present the proper defense in court. It’s much easier to reduce drunk driving charges for first-offense OWI charges compared to subsequent charges. It’s also more likely drunk driving charges will get dropped or reduced if you fight the charges before being convicted compared to after, as trying to get an OWI charge removed from your record is extremely unlikely. 

Do I Need to Hire a Lawyer for a Madison OWI?

Hiring a drunk driving attorney who specializes in OWIs is highly recommended for anyone looking to get charges reduced or dismissed. Our Madison OWI attorneys analyze the facts of your case to develop a strong defense to implement in court. Our experienced drunk driving attorneys at Grieve Law know how to navigate the court system and apply Wisconsin’s OWI laws to your case. Fighting your case alone is never a good idea and often results in an OWI conviction.

Risk Of Self-Representation for OWI Charges

Unless you’re highly educated on the law or you are an attorney yourself, we don’t recommend attempting to defend yourself in court alone- the consequences of losing your case are too severe. Without the proper defense, you will not be able to follow the proper procedures that allow for a case dismissal, and you won’t have the ability to present an adequate defense in front of the court. If you want the best chance at a future with freedom, hire an attorney who’s fought and won OWI cases before. An experienced lawyer will know exactly how to navigate the court system and handle the court’s questions while defending your case competently and confidently under extreme pressure.

If you’re thinking about representing yourself in your Madison OWI case, don’t. Hire an experienced Madison drunk driving attorney from Grieve Law.

How Long Does an OWI Stay on My Record?

An OWI charge will stay on your record for the rest of your life.

Penalties and consequences associated with an OWI in Wisconsin may include:

  • Higher insurance premiums
  • You are now considered a high-risk customer because of your OWI. In addition to higher premiums, SR-22 insurance will be required for 3 years.
  • Permanent travel ban to Canada and other countries
  • Possible mandatory alcohol classes or sessions
  • Installation of a breathalyzer in your car
  • Restriction or revocation of your Wisconsin driver’s license
  • Job loss for pilots, commercial drivers and other professionals

How to Beat a Drunk Driving Charge in Madison

There are multiple ways to fight a drunk driving charge (OWI) in Madison. An experienced Grieve Law DUI attorney will use the following tactics to get your charges reduced or dropped:

  • Illegal Traffic Stop: A good lawyer will question the arresting officer’s motivation for your stop. If there was no legitimate reason for pulling you over in the first place, the officer made an illegal stop and you have grounds to fight your OWI charge.
  • Time of BAC Test: Your BAC goes up after you stop drinking as the alcohol makes its way into your bloodstream. Grieve Law has successfully leveraged this fact to show our client was not over the legal threshold while driving.
  • Improper Field Sobriety Test: The state of Wisconsin has strict standards for field sobriety tests. If the equipment wasn’t properly calibrated or the procedures were not completely followed and accurately evaluated, you have a case for fighting your OWI charges. Every drunk driving case is unique. One of our experienced OWI attorneys will review your charges to determine the best defense for your case.

Contact our DUI lawyers in Madison, WI for a free DUI legal consultation.

What are the penalties for a DUI in Wisconsin?

Fines, forfeiture and temporary revocation of your license + up to 6 years in prison and a lifetime revocation of your license for recurrent offenses. Consequences are more severe if injury or death is involved.

For a first-offense DUI in Wisconsin, you may be fined $140-$300 and have your license revoked for 6-9 months. If your BAC exceeded .14, you’ll need to have an ignition interlock device installed in your vehicle. You’ll be required to get SR-22 high-risk insurance. Consequences increase if injury or death were involved or if you had a minor in the car.

Yes. Don’t risk trying to handle your defense on your own. A criminal defense lawyer will work to get your charges dropped or reduced. They know the loopholes in the legal system and they’ll keep you on track for meeting all critical deadlines and requirements related to your case.