First-Offense OWI Lawyer in Madison, WI | Coad Law Office
Rick Coad is an experienced Madison OWI lawyer who has defended people accused of drunk driving in Wisconsin for more than 20 years.
Charged With Your First OWI?
A first OWI arrest can be unsettling, especially if you have never been through the legal system. You may be worried about losing your license, whether you will need an ignition interlock device, how the case could affect your job, and whether you really need a lawyer for a first offense.
A standard first-offense OWI in Wisconsin is generally a civil matter rather than a criminal one, but the consequences are still significant. And an arrest does not mean you will be convicted. (Wisconsin uses the term OWI, for Operating While Intoxicated, instead of DUI. They refer to the same type of charge.)
Attorney Rick Coad has defended people accused of OWI and other serious offenses in Madison and throughout Wisconsin for more than 20 years. He handles every case personally, from beginning to end.
Call (608) 661-8080 or contact Coad Law Office to talk about your case.
Act Within 10 Days: Your License Is on a Separate Clock
Two deadlines can start running immediately after an arrest, and both are separate from the court case.
- Chemical test over the limit: If you gave a breath or blood sample over .08, you will receive a Notice of Intent to Suspend. You have 10 days to request an administrative review. If you do not, a six-month suspension can take effect.
- Chemical test refused: If you refused, you will receive a Notice of Intent to Revoke. You have 10 days to demand a refusal hearing. If you do not, a revocation of 12 months or more and an ignition interlock requirement can follow.
Do not assume the paperwork handed to you at the jail or roadside is just part of the OWI ticket. It may be a separate proceeding with its own deadline.
What Happens After a First OWI Arrest?
Depending on the circumstances, you may receive citations for Operating While Intoxicated (OWI) and for Operating With a Prohibited Alcohol Concentration (PAC). If blood was drawn, the PAC citation may not be issued until the lab results come back.
Where the case is heard depends on who stopped you. Civil first-offense OWI tickets issued by Madison police are handled in Madison Municipal Court (210 Martin Luther King Jr. Blvd.). Tickets issued by the Dane County Sheriff or the Wisconsin State Patrol are handled in Dane County Circuit Court (215 S. Hamilton St.). We also appear in the municipal and circuit courts of Sun Prairie, Fitchburg, Middleton, Verona, Waunakee and surrounding counties.
What Are the Penalties for a First OWI in Wisconsin?
A first-offense OWI conviction can result in:
- A forfeiture (generally $150 to $300 or more) plus court costs and surcharges
- Revocation of your driver’s license for six to nine months
- An alcohol assessment and a driver safety plan
- An ignition interlock device requirement in some cases
- Higher insurance costs and other practical consequences
The exact consequences depend on the facts, including your alcohol concentration and whether you refused testing. An OWI conviction cannot be expunged, which is one reason it matters to fight the charge from the start.
Will I Lose My License After a First OWI?
Possibly. A first-offense conviction generally carries a license revocation of six to nine months. There can also be a separate six-month administrative suspension based on a qualifying chemical test result.
Many first-offense drivers can apply for an occupational license right away, which allows driving for work and certain other necessary purposes. Things become more complicated if there was a refusal, an interlock requirement, or other problems on your driving record. Getting the license issues sorted out early makes a real difference.
Will I Need an Ignition Interlock Device?
Not always. An interlock device is generally required on a first offense when your alcohol concentration was .15 or higher, or when a refusal is found to have been improper. An interlock order affects which vehicles you may drive, which vehicles must have the device installed, and what you must do to get an occupational or regular license back.
What If I Refused the Blood or Breath Test?
A refusal is a separate proceeding from the OWI case. Under Wisconsin’s implied consent law, an improper refusal can lead to a one-year revocation, an interlock requirement, and a waiting period before you can get an occupational license. The deadline to request a refusal hearing is short, so do not wait.
Refusing does not necessarily end your options. Whether the refusal was legally improper can itself be challenged.
Is This Really Your First Offense?
Not every case that looks like a first offense is one. Wisconsin counts prior OWI-related convictions going back decades, and it can count convictions from other states. If you have an older or out-of-state conviction, your charge may be a second offense, which is criminal and carries mandatory jail time. A first offense can also be criminal in certain circumstances, such as when a child under 16 was in the vehicle, and an accident causing injury can lead to additional or more serious charges.
Before you decide how to handle the case, it helps to confirm exactly how many offenses the State will count.
Can a First OWI Be Beaten?
Sometimes. Being arrested, or even having a test result over the limit, does not end the analysis. A real defense starts with how the evidence was obtained and whether it can be used against you.
Rick looks at the traffic stop, the field sobriety tests, the reason for the arrest, any statements you made, and how breath or blood evidence was collected and analyzed. A problem with any of these can change what evidence the court allows and how the case should be resolved. (For more detail on what we examine, see our Madison OWI defense page.)
Call (608) 661-8080 for a free consultation.
Do I Need a Lawyer for a First OWI?
You are not required to hire one. The better question is whether you want someone to determine whether your case can be challenged, and to reduce the consequences if it can’t.
Many people assume nothing can be done once a test shows a result over the limit. That assumption is often wrong. An experienced OWI lawyer can review the stop, the testing, the arrest and the license proceedings before advising you on the best way to resolve the case.
Why Hire Rick Coad for a First-Offense OWI?
Rick’s practice is built around criminal defense, not high-volume OWI case processing. He examines each case individually to determine what can be challenged and what result is realistic. He has been recognized by Wisconsin Super Lawyers and Best Lawyers in America, and his experience includes trials, appeals and an argument before the United States Supreme Court. You can read more on his attorney profile.
Sample Recent First-Offense OWI Case Result
Dane County, OWI First Offense: Rick challenged the legality of the traffic stop. The court suppressed the evidence obtained after the illegal stop, and the OWI case was dismissed.
Every case is different, and past results do not guarantee a similar outcome.
First-Offense OWI FAQ
Will I go to jail for a first OWI? A standard first offense is generally a civil matter with no jail sentence. Certain circumstances, such as a child under 16 in the vehicle, can make it a criminal charge.
Will a first OWI show up on my record? Yes. An OWI conviction cannot be expunged in Wisconsin, and it counts as a prior offense if you are charged again.
Can I drive to work if my license is suspended or revoked? Many first-offense drivers can apply for an occupational license right away. Eligibility depends on the details of your case, including any refusal or interlock requirement.
How will an OWI affect my job or insurance? A conviction typically increases insurance premiums. If you drive for work or hold a professional license, talk with a lawyer early about how the charge could affect you.
Should I take the field sobriety tests or breath test? It depends on the situation, and the decision is hard to make on the roadside. If you have already made that choice, the case can still be examined. Call before deciding how to respond to anything you have received.
First OWI Representation in Madison and Throughout Wisconsin
Coad Law Office is located in downtown Madison and represents people charged with OWI in Dane County and throughout southern and central Wisconsin, including Columbia, Sauk, Jefferson, Rock, Iowa and Green Counties, and in each municipal court in those counties.
If you have been arrested for your first OWI, getting reliable advice early helps you understand both the charge and any license issues that may already be underway.
Call Coad Law Office at (608) 661-8080 to speak directly with Attorney Rick Coad.