If you’ve been arrested for OWI in Madison or Dane County, you may suddenly find yourself trying to choose a lawyer while dealing with a situation you’ve never faced before.
A Google search will give you plenty of choices. Nearly every lawyer’s website will tell you that the lawyer is experienced, aggressive and dedicated to clients.
So how do you actually choose?
I’ve defended OWI and criminal cases in Madison and throughout Wisconsin for more than 20 years. Here are the things I think someone facing an OWI charge should consider before hiring a lawyer.
1. Does the Lawyer Regularly Handle Wisconsin OWI Cases?
OWI law is its own area of criminal defense.
A good OWI lawyer should understand not only the potential penalties, but also the evidence that determines whether the case can be successfully challenged.
That can include:
- whether the officer had reasonable suspicion for the traffic stop;
- whether there was probable cause for the arrest;
- field sobriety testing;
- preliminary breath testing;
- breath or blood-test procedures;
- challenges involving blood testing;
- refusal allegations;
- body-camera and squad-camera evidence;
- prior OWI convictions; and
- the particular consequences of repeat-offense OWI cases.
The important question isn’t simply whether a lawyer handles criminal cases. Ask how much experience the lawyer has actually defending OWI cases.
2. Who Will Actually Handle Your Case?
This is something clients sometimes overlook.
When you meet with a lawyer, find out whether that is the attorney who will actually handle your case.
Will that lawyer review the police reports and video? Will that lawyer appear with you in court? Will that lawyer negotiate with the prosecutor? If motions need to be litigated or the case goes to trial, who will do it?
At Coad Law Office, when you hire Rick Coad, Rick handles your case personally.
For many clients, direct access to the lawyer they hired is important.
3. Does the Lawyer Actually Look for Defenses?
An OWI arrest is not the same thing as an OWI conviction.
An experienced defense lawyer should examine how the police obtained the evidence rather than simply assuming that the government’s case is correct.
For example:
Was there a lawful reason to stop the vehicle?
Were the field sobriety tests administered and interpreted properly?
Was there sufficient probable cause to arrest?
Were breath or blood-testing procedures followed?
Does the video evidence match what the police report says happened?
Are there medical, scientific or factual explanations for some of the evidence?
Not every OWI case has a winning legal issue. But you should hire a lawyer who knows how to identify one when it exists.
4. Does the Lawyer Have Experience in the Court Where Your Case Is Pending?
Local experience matters.
Lawyers who regularly practice in Dane County become familiar with the court system, judges, prosecutors, procedures and the way OWI cases are handled locally.
That doesn’t mean a lawyer can promise a particular result because of who he or she knows. No reputable lawyer should suggest that.
It means experience provides context and judgment. A lawyer who has handled many cases in the same court is better positioned to evaluate what is realistic, what is unusual and what strategy makes sense in your particular case.
I have practiced criminal defense in Madison for more than 20 years and regularly represent people charged with OWI in Dane County and throughout central Wisconsin.
5. Is the Lawyer Willing and Able to Litigate the Case?
Most criminal cases do not end in a jury trial. That doesn’t make trial and motion experience unimportant.
Quite the opposite.
The ability to identify and litigate a suppression issue, challenge evidence and take a case to trial when necessary affects how a case can be defended from the beginning.
Ask the lawyer about experience litigating criminal cases—not simply resolving them.
6. What Does the Lawyer Think About Your Particular Case?
A consultation shouldn’t consist entirely of a lawyer telling you how good the lawyer is.
The lawyer should want to know what happened.
Why were you stopped? What did the officer ask you to do? Did you perform field sobriety tests? Was there a breath test or blood draw? Were you involved in an accident? Is this your first OWI? Do you have prior convictions?
The lawyer may not have the police reports, video or laboratory evidence yet, so an immediate prediction about the outcome may be impossible.
In fact, I would be cautious about a lawyer who guarantees a particular result before reviewing the evidence.
What a lawyer should be able to do is explain the process, identify the issues that may matter and tell you what he or she intends to investigate.
7. How Does the Lawyer Communicate?
An OWI case can take months to resolve. You should be comfortable communicating with the person representing you.
Ask yourself:
Does the lawyer answer my questions clearly?
Does the lawyer give me straightforward advice?
Do I understand what happens next?
Will I be able to contact the lawyer if something important comes up?
Good representation isn’t simply knowing the law. Clients need good judgment and honest advice about the choices they face.
8. Don’t Choose a Lawyer Based Only on Price
Cost matters. But the cheapest lawyer isn’t necessarily the least expensive decision in the long run.
An OWI conviction can affect your driver’s license, insurance, employment and—in repeat cases—your freedom.
At the same time, a higher fee doesn’t automatically mean a better lawyer.
Instead, understand what the fee covers, who will perform the work, the lawyer’s experience, and whether you trust that lawyer’s judgment.
Then make an informed decision.
Questions to Ask an OWI Lawyer Before Hiring
If you’re interviewing lawyers, consider asking:
- How long have you defended OWI cases?
- How often do you practice in Dane County?
- Will you personally handle my case?
- Will you review the squad and body-camera video?
- What potential issues do you see based on what I’ve told you?
- Do you litigate suppression motions?
- Do you try OWI and criminal cases?
- How will I communicate with you during the case?
- What does your fee include?
- What happens next?
You don’t need the lawyer who gives the most impressive sales pitch.
You need a lawyer whose experience and judgment you trust.
Choosing an OWI Attorney in Madison
I’ve defended people accused of OWI and other criminal offenses in Madison and throughout Wisconsin for more than 20 years.
My approach is straightforward: understand the evidence, identify the weaknesses in the government’s case, give my client candid advice, and work toward the best result the circumstances allow.
I’ve handled cases ranging from first-offense OWIs to serious felony OWI charges, along with complex state and federal criminal cases. I’ve argued cases in trial courts, appellate courts and the United States Supreme Court.
Most importantly, when someone hires me, I handle the case personally.
If you’ve been arrested for OWI in Madison, Dane County or elsewhere in central and southern Wisconsin and would like to discuss your case, contact Coad Law Office.
Call (608) 661-8080 to speak with attorney Rick Coad