The Reservoir Dogs star was arrested in September for being double California's legal blood-alcohol level when stopped by police on the Pacific Coast Highway.
His attorney disputed reports that Madsen legitimately failed a breathalyser test at the time, but the actor has since been formally charged with DUI as well as driving with a blood alcohol level above 0.08.
Madsen could face up to two years behind bars if convicted, but TMZ reports that no previous DUI convictions will likely ensure he escapes a jail sentence.
Lawyers for Madsen have insisted that he will fight the criminal charges.
Madsen is known for his roles in the films Free Willy, Kill Bill and Donnie Brasco as well as starring in Celebrity Big Brother in the UK.
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