If you were pulled over in Madison and arrested for OWI, the clock is already running. Whether you refused the test or failed it, you may have as few as 10 days from your notice to act before license consequences take effect on their own. Mays Law Office defends OWI charges — what most people call DUI or DWI; in Wisconsin they’re the same offense — along with drugged-driving allegations, throughout Madison and Dane County from our office in neighboring Middleton, a short drive from the Dane County Courthouse in downtown Madison. Call 608-305-4518 for a free consultation before you talk to anyone else about your case.

OWI Attorneys in Madison, WI

Attorney Stephen E. Mays has practiced law in Wisconsin since 1995 and was named a 2025 Wisconsin Super Lawyer in DUI/DWI defense. He is a member of the National Association of Criminal Defense Lawyers, the Wisconsin Association of Criminal Defense Lawyers, the Dane County Criminal Defense Lawyers Association, and the State Bar of Wisconsin. That Dane County focus matters: a Madison OWI is decided by local prosecutors and local judges, and outcomes often turn on knowing how those courtrooms actually work.

An OWI attorney in Madison earns their fee in the details — was the stop lawful, do the field sobriety tests mean what the officer says, did the blood draw comply with the Fourth Amendment, were the deadlines that protect your license met. We start asking those questions at the first phone call.

When to Call Our Madison, WI OWI Lawyers

Call us right away if any of the following applies to you:

• You were handed a “Notice of Intent to Revoke” after declining a breath or blood test. Under Wis. Stat. 343.305(9)(am), you have exactly 10 days to file a written request for a refusal hearing — miss it and your license is revoked automatically 30 days after the notice — you lose the statutory chance to contest it.
• You took the test and failed. A prohibited alcohol concentration triggers a Notice of Intent to Suspend — you have 10 days to request administrative review, or a 6-month administrative suspension takes effect 30 days after the notice is issued.
• You have a prior OWI. A second offense is a criminal misdemeanor — 5 days to 6 months in jail — if your prior was within the last 10 years. A third carries 45 days to a year. A fourth is a Class H felony carrying 60 days to 6 years of imprisonment.
• A child under 16 was in the vehicle. That single fact turns even a first offense into a criminal misdemeanor: a $350 to $1,100 fine and a mandatory 5 days to 6 months in jail.
• Someone was injured. Causing bodily injury to another person while intoxicated criminalizes a first offense, and great bodily harm or death brings separate felony charges with substantially higher prison exposure.
• You hold a CDL. A first OWI conviction — even in your personal vehicle — means a 1-year disqualification of your commercial privileges. A second lifetime conviction is a lifetime disqualification.
• You blew 0.15 or higher. On a first offense, that BAC triggers a mandatory ignition interlock order for one year.

What an OWI Conviction Costs in Wisconsin

Wisconsin counts priors under Wis. Stat. 343.307, and the counting rules matter. A second offense is a crime only if the prior was within the last 10 years — beyond that, a second OWI is generally another civil forfeiture. From the third offense on, the lookback is lifetime: every prior OWI conviction or refusal revocation counts, no matter how old, and qualifying out-of-state impaired-driving convictions may count as priors too. The baseline grid under Wis. Stat. 346.65 (revocations under 343.30):

• First offense: a civil forfeiture, not a crime — a $150 to $300 fine plus a mandatory $435 OWI surcharge, no jail, and a 6-to-9-month license revocation.
• Second offense (within 10 years): criminal misdemeanor. $350 to $1,100 in fines, 5 days to 6 months in jail, 12-to-18-month revocation, ignition interlock for 1 to 1.5 years.
• Third offense: $600 to $2,000 in fines, 45 days to 1 year in jail, 2-to-3-year revocation. Fines multiply at BAC levels above 0.17, 0.20, and 0.25.
• Fourth offense: Class H felony — 60 days to 6 years of imprisonment and $600 to $10,000 in fines.
• Fifth and beyond: escalating felony classes, with fifth and sixth offenses carrying a presumptive minimum of 18 months of initial confinement and up to 10 years.

The sticker price is only part of it. Add the mandatory extras and typical market costs — the $435 OWI surcharge, an alcohol and drug assessment (commonly $165 to $500), ignition interlock installation and rental where an interlock is ordered (typically $50 to $150 to install and $60 to $100 a month), the $200 license reinstatement fee, and years of costlier SR-22 high-risk insurance — and a first-offense OWI routinely runs $4,000 to well over $10,000 all-in. Your exact numbers will vary; the direction won’t.

And in Wisconsin, it never comes off your record. Criminal OWI convictions are excluded from expungement under Wis. Stat. 973.015. A standard first offense is a civil forfeiture — no criminal record — but it still stays on your WisDOT driving record for life and counts toward future OWI enhancement: a second offense within 10 years is a crime, and it counts forever once you reach a third.

How OWI Cases Move Through the Dane County Courts

Where your case lands depends on the charge. A standard civil first offense charged by the Madison police is handled by the Madison Municipal Court; where other agencies’ citations land depends on the municipality. Every criminal OWI — repeat offenses charged as crimes, plus any first offense involving a minor passenger or injury — goes to the Dane County Circuit Court at the Dane County Courthouse in downtown Madison, prosecuted by the Dane County District Attorney’s Office.

The criminal track follows a predictable pipeline: the arresting agency forwards its file to the DA, who issues a criminal complaint; you make an initial appearance (in felony cases, a preliminary hearing comes before arraignment unless it is waived); contested issues — an unlawful stop, a defective blood draw — get litigated at motion hearings; and if the pre-trial conference produces no resolution, the case goes to trial, where the State must prove guilt beyond a reasonable doubt.

Dane County also operates a specialized OWI Treatment Court for qualifying repeat offenders — generally a third offense with a BAC of 0.15 or higher, or a fourth with DA approval, where an alcohol use disorder is driving the conduct. Successful completion can reduce mandatory minimum jail time; whether that path beats fighting the charge is exactly the kind of judgment call our Wisconsin OWI defense practice exists to make.

How We Defend OWI Charges

Every OWI case gets examined on at least three fronts:

The stop and the arrest. Police need reasonable suspicion to stop you and probable cause to arrest you. If either is missing, the evidence that followed can be suppressed.

The field sobriety tests. The three standardized tests — horizontal gaze nystagmus, walk-and-turn, one-leg stand — are far less reliable than officers present them to be. The research validating those tests had real limits — age, weight, medical conditions, and testing conditions all affect performance, especially on the balance tests. Arthritis, inner-ear problems, leg injuries, cold, wind, wet pavement, even footwear can produce “clues” that have nothing to do with alcohol.

The chemical test. Warrantless blood draws remain one of the most contested issues in Wisconsin OWI law. In State v. Prado (2021), the Wisconsin Supreme Court struck down the “incapacitated driver” provision of the implied consent statute as unconstitutional. Not every warrantless draw gets suppressed — the State can argue exceptions like exigent circumstances — but if your blood was drawn without a warrant and without valid consent, that draw deserves a hard look.

We also handle the license side — refusal hearings and occupational license applications. An occupational license is not automatic — eligibility depends on the type of suspension, any interlock requirement, other suspensions on your record, and DMV approval — so the paperwork is worth getting right the first time.

Madison OWI Questions We Hear Most

Will I go to jail for a first-offense OWI in Wisconsin?

For a standard first offense, no. Wisconsin is the only state that treats a first OWI as a non-criminal civil forfeiture — a fine and license revocation, but no jail. That changes fast if a child under 16 was in the car — a criminal misdemeanor with a mandatory 5 days to 6 months in jail — or if anyone else was injured, which also criminalizes the charge.

I was asleep in a parked car. Can they really charge me?

Yes. Wisconsin law punishes “operating,” not just driving — the physical manipulation or activation of any control of the vehicle necessary to put it in motion. Depending on the facts, a driver found asleep behind the wheel with the engine running can be prosecuted for OWI even though the car never moved.

I refused the test. What happens now?

Refusal is its own separate violation with its own penalties: a first refusal means a 1-year license revocation, a mandatory alcohol assessment, and a 1-year ignition interlock requirement. You have 10 days from the Notice of Intent to Revoke to request a refusal hearing. Requesting one does two concrete things: it pauses the revocation until a judge rules, and it can put the arresting officer under oath early — sworn testimony your defense can measure the case against before the OWI charge itself is decided. The hearing’s scope is narrow, but those benefits make it one of the first things we evaluate in every refusal case.

Can I get an OWI expunged later?

No. Wisconsin’s expungement statute excludes OWI convictions entirely, and the civil first offense stays on your WisDOT driving record permanently — and once you reach a third offense, every prior counts, no matter how old.

Can I still drive to work?

Often, yes — but it is not automatic. An occupational license permits up to 12 hours of driving per day and 60 hours per week for work, school, medical appointments, treatment, and essential household duties — never recreation. Eligibility depends on the type of suspension or revocation, any interlock requirement, other suspensions on your record, and DMV approval — and the timing rules differ by situation, so we confirm your exact eligibility window before filing. The application runs through WisDOT paperwork, an SR-22 filing from your insurer, and proof of interlock installation where ordered — we prepare the application and supporting filings with you.

Is a lawyer really worth it for a civil first offense?

The first offense is where the record starts. It cannot be expunged, it raises your insurance for years, it disqualifies commercial driving privileges for a year if you hold a CDL, and it sets the counting clock — a second OWI within 10 years is a crime, and it counts forever once you reach a third. Challenging a weak stop or an unreliable test is often the cheapest insurance you will ever buy.

How much will an OWI cost me in total?

Plan on thousands, not hundreds. Once surcharges, assessment, interlock, reinstatement, and insurance are counted, a typical first offense runs $4,000 to over $10,000 all-in — see the breakdown above. Your exact figures depend on the county, the vendor, and your insurer.

Get a Free Consultation

Se Habla Español — Call 608-305-4518

Whether this is a civil first offense or a felony repeat charge, the first days after a Madison OWI arrest matter most. Call 608-305-4518 or contact Mays Law Office online for a free consultation. Mays Law Office, LLC — 6405 Century Ave STE 103, Middleton, WI 53562.