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.
If you’ve been arrested for an OWI in Madison, WI, whether it’s a first offense or a criminal offense, you need the help of an experienced defense attorney. Rick Coad has defended clients against OWI charges for more than 20 years, and has consistently been named by Super Lawyers and Best Lawyers in America.
A drunk driving arrest can be a frightening and confusing experience. Wisconsin’s Operating While Intoxicated (OWI) laws are complicated, and a conviction can have serious consequences for your driving privileges, employment, and future. Rick Coad brings decades of criminal defense experience, careful preparation, and sound judgment to every case. He will examine the evidence, explain your options, and work to obtain the best result the circumstances allow.
When you hire Rick, he handles your case personally, from beginning to end.
Call (608) 661-8080 for a free consultation.
Act Quickly to Protect Your Driver’s License
Your driving privileges can be affected before your OWI case is resolved. If you received a notice about your license, check which notice you received and when it was served or mailed.
Notice of Intent to Revoke. If you were served with this notice after refusing a requested chemical test, the court named on the notice must receive your written hearing request within 10 days of service. An improper refusal can result in a revocation of at least one year and an ignition interlock requirement, even without an OWI conviction.
Notice of Intent to Suspend. If a chemical test shows an alcohol concentration at or above the legal limit that applies to you, you can request an administrative review through WisDOT. WisDOT directs you to postmark the written request within 10 business days of receiving the notice if it was handed to you, or within 13 business days from the notice date if it was mailed. An administrative suspension can last six months.
What Kind of OWI Are You Facing?
The potential penalties depend on which prior offenses Wisconsin can count and whether the case involves a minor passenger, an injury, or other circumstances that change the charge. Drunk driving charges may stem from the use of alcohol, marijuana, or other drugs, including prescription drugs.
- First-offense OWI. Usually a civil forfeiture case. A finding of guilt can still result in a license revocation, and an ignition interlock can be required in some cases.
- Second-offense OWI. A criminal misdemeanor carrying mandatory jail time upon conviction, a license revocation, and an ignition interlock requirement.
- Third-offense OWI. Generally a misdemeanor with a higher mandatory minimum jail sentence. An OWI third involving a passenger under 16 can be charged as a felony.
- Fourth-offense OWI and subsequent offenses. Felonies that carry prison time and, depending on the person’s record, lifetime revocation of driving privileges.
- OWI involving injury or a passenger under 16. These facts can change the charge and increase the penalties. A passenger under 16 can make a first offense criminal.
If you have an older or out-of-state offense on your record, Rick can review whether Wisconsin can count it and what that means for the charge you’re facing.
How We Defend Your OWI Case
An arrest does not mean you will be convicted. An OWI case often turns on details that are easy to miss in a police report. Rick examines the evidence from the first encounter through the chemical test and looks at how the State can prove each part of its case:
- The traffic stop: Did the officer have a lawful reason to stop your vehicle?
- Field sobriety testing: Were the tests properly administered and interpreted?
- The arrest: Did the officer have probable cause?
- Squad and body-camera video: Does the recording support the officer’s account?
- Breath or blood evidence: Were proper procedures followed, and are there grounds to challenge the results?
- Prior convictions: Which offenses count, and can their use be challenged?
The findings guide the defense. A case may call for a motion to suppress evidence, a trial, or negotiations with the prosecutor.
Not every OWI has a winning legal issue. Rick will give you an honest assessment, explain the available choices, and prepare your case with the attention it deserves. We have successfully represented clients charged with every type of OWI offense. There are many defenses to these charges. Even if you think you are guilty a good defense attorney can minimize the negative consequences.
Wisconsin OWI Drunk Driving FAQs.
What should I do if I’m Stopped on Suspicion of an OWI?
Be calm and polite with the officer. Listen to the questions he or she asks of you very carefully and respond appropriately. Don’t lie. Lying to a police officer is a criminal offense. Instead, you can politely decline to answer any questions you are concerned about.
Should I do field sobriety tests?
This is a tough question with no correct answer. In general, field sobriety tests are very difficult to pass, especially if you’ve had a few drinks. Some of them may be hard to pass even if you are sober. While you are not required to participate in the field sobriety tests, if you refuse them it can be held against you with the officer’s decision whether to arrest you on suspicion of OWI.
Should I provide a breath or blood sample?
A preliminary breath test (PBT) is often used on the side of the road when you are pulled over. While it is not admissible in court to prove intoxication, it is a factor the officer uses to decide whether to arrest you. Just like the field sobriety tests, if you refuse it, the officer will use it against you. The short answer is, if you are confident you only had a drink or two over a period of time, go ahead and give the breath sample with the PBT. If you aren’t so sure, and are definitely intoxicated, it likely won’t help your case. But it’s just too hard to say for sure.
If the officer asks you if you’ll take a breath or blood test (Implied Consent), and you refuse, then you may be subject to harsher penalties. The reality is that if the officer has probable cause then he or she can get a warrant to get your blood sample. So it usually isn’t worth refusing.
We can help answer these questions and more. Rick represents people charged with drunk driving (DUI, OWI, PAC) in the Wisconsin Circuit Courts located in Madison (Dane County), Jefferson (Jefferson County), Portage (Columbia County), Janesville (Rock County), Dodgeville (Iowa County), Monroe (Green County) and others. He also represents people in the municipal courts located in Madison, Waunakee, Sun Prairie, Verona, Fitchburg, Middleton and others.