Second-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.
A second OWI charge in Wisconsin is significantly more serious than a first offense. Unlike most first-offense OWI cases, an OWI second offense is a criminal charge that can result in mandatory jail time, substantial fines, loss of driving privileges, ignition interlock requirements, and a permanent criminal conviction.
If you have been arrested for a second OWI in Madison, Dane County, or elsewhere in Wisconsin, the fact that you have a prior conviction does not mean the outcome of your case is predetermined. The evidence still matters. The legality of the traffic stop matters. The officer’s observations matter. Field sobriety testing matters. And the reliability and admissibility of chemical test evidence can matter enormously.
Coad Law Office represents people charged with second-offense OWI throughout Madison, Dane County, and communities across Wisconsin. Attorney Richard Coad has more than two decades of criminal defense experience and personally handles every case from beginning to end.
What Makes a Second OWI Different From a First Offense?
For most Wisconsin drivers, a first-offense OWI is handled as a civil forfeiture rather than a crime. A second offense is different.
A conviction for OWI second carries criminal penalties and mandatory jail exposure. It can affect your driver’s license, employment, insurance costs, professional licensing, and other areas of your life.
It also means prosecutors and judges are dealing with someone who has a prior impaired-driving offense. That makes careful preparation and an individualized defense particularly important.
Penalties for a Second OWI in Wisconsin
The penalties for a Wisconsin second-offense OWI depend on the circumstances of the case, including your alcohol concentration, prior record, whether an accident occurred, and whether there are other aggravating factors.
A second-offense conviction can include:
- Mandatory jail time
- Significant fines and court costs
- Driver’s license revocation
- Ignition interlock device requirements
- An alcohol or other drug assessment
- A driver safety plan
- Increased insurance costs
- A permanent criminal conviction
Enhanced penalties may apply when a driver’s alcohol concentration is particularly high or when other aggravating circumstances are present.
The statutory penalty range is only part of the picture. In many Wisconsin counties, local sentencing guidelines and practices can have a major effect on the sentence a person actually receives. An experienced Wisconsin OWI attorney should understand not only the statute, but how these cases are handled in the particular court where the case is pending.
How Long Will I Lose My License After a Second OWI?
A second OWI conviction generally results in a substantial period of driver’s license revocation.
The exact consequences depend on the driver’s record and the circumstances of the case. There can also be separate administrative consequences arising from a chemical test result or an alleged refusal.
Many people facing a second OWI are particularly concerned about whether they can continue driving for work, school, treatment, or family responsibilities. Depending on the circumstances, an occupational license may provide limited driving privileges during part of the revocation period.
License consequences can become complicated when administrative suspensions, court-ordered revocations, ignition interlock requirements, or multiple OWI cases overlap. Those issues should be analyzed based on the driver’s actual record rather than assumptions about what happened in another person’s case.
Will I Have to Install an Ignition Interlock Device?
A second OWI conviction will generally result in an ignition interlock device requirement.
An IID requires the driver to provide an alcohol-free breath sample before operating a vehicle and may require additional samples while driving. Wisconsin law can require installation on vehicles owned by or registered to the defendant, subject to applicable statutory exceptions.
The length and timing of an IID requirement can become especially important when it overlaps with a driver’s license revocation or occupational-license eligibility.
We examine these issues early so clients understand both the criminal case and the practical consequences affecting their ability to drive.
Can a Second OWI Charge Be Reduced or Dismissed?
Potentially.
A prior OWI does not eliminate the State’s burden of proving the new charge. Every second-offense case should be evaluated independently.
Depending on the facts, potential issues can include:
Was the Traffic Stop Lawful?
Police generally need a lawful basis to stop a vehicle. If the stop violated the Fourth Amendment, evidence obtained as a result of an unlawful stop may be subject to suppression.
Did the Officer Have Probable Cause to Arrest?
An officer must have sufficient evidence to establish probable cause before making an OWI arrest. Driving behavior, physical observations, statements, field sobriety testing, and preliminary breath testing may all become relevant.
Were Field Sobriety Tests Properly Administered?
Standardized field sobriety tests are intended to be administered according to established procedures. Road conditions, weather, footwear, injuries, medical conditions, fatigue, and deviations from standardized procedures can affect what those tests actually demonstrate.
Is the Breath or Blood Test Reliable?
Chemical testing evidence is powerful, but it is not automatically infallible.
Depending on the type of test and circumstances of the case, issues can involve testing procedures, equipment, sample handling, timing, laboratory analysis, maintenance records, or the assumptions used to interpret a test result.
Was the Chemical Test Obtained Lawfully?
Blood and breath testing can raise constitutional and statutory issues. The circumstances surrounding consent, warrants, refusals, and the collection of chemical evidence should be reviewed carefully.
The existence of a prior OWI does not make these questions any less important.
What If My Prior OWI Happened a Long Time Ago?
Wisconsin’s OWI penalty structure depends in part on the number and timing of prior qualifying offenses.
Determining whether an offense is properly charged as an OWI second is not always as simple as counting convictions. Prior OWI-related convictions, refusals, and certain out-of-state offenses may affect how a new case is counted.
If there is a question about whether a prior offense qualifies or how a new charge should be classified, the underlying records should be examined carefully.
A Second OWI Requires More Than a Routine Defense
There is a meaningful difference between processing an OWI case and defending one.
At Coad Law Office, we examine the evidence to determine where the State’s case is strong, where it is vulnerable, and what can realistically be accomplished. That may involve challenging evidence through motions, negotiating from a position of strength, preparing for trial, or focusing strategically on minimizing sentencing and license consequences when the evidence cannot realistically be excluded.
The strategy depends on the facts of the individual case.
Rick Coad personally handles his clients’ cases. Your case is not passed to a junior lawyer, associate, or paralegal. You work directly with the attorney responsible for your defense.
More Than 20 Years Defending Criminal and OWI Cases
When you are facing a second OWI, experience matters.
RickCoad has defended people accused of criminal and OWI offenses in Wisconsin for more than two decades. Coad Law Office has built its reputation through careful preparation, sound judgment, and a persistent focus on obtaining the best result the facts will allow.
The goal is not to treat your second OWI as another file. It is to understand exactly what happened, identify the issues that matter, and build a defense appropriate to your particular case.
Talk to a Wisconsin Second-Offense OWI Attorney
A second OWI is a criminal case with consequences that can extend well beyond the courtroom. Getting experienced legal advice early can help you understand the charges, protect your driving privileges where possible, and begin developing a defense.
Coad Law Office represents clients charged with second-offense OWI in Madison, Dane County, and throughout Wisconsin.
Call Coad Law Office at (608) 661-8080 to speak directly with Attorney Rick Coad.