Madison, WI OWI Lawyer
Rick Coad is a Madison, Wisconsin criminal defense lawyer who is skilled in defending all DUI/OWI charges.
A drunk driving charge can upend your life. The veteran OWI lawyers at Coad Law can successfully defend you in your drunk driving case in Madison, Wisconsin, and the surrounding area. Wisconsin drunk driving laws laws are complicated, and the right Madison DUI lawyer can help you navigate the process to make sure your rights are defended, and you get the best possible result.
The most common charges are operating while intoxicated (OWI), operating a motor vehicle with a prohibited alcohol concentration (PAC), and a refusal of a chemical test after the police read the Informing the Accused form. Drunk driving charges may stem from the use of alcohol, marijuana, or other drugs, including prescription drugs. If you get charged with these offenses you will face serious consequences. We can help.
Why You Should Choose Coad Law
Experience matters. Rick Coad is a drunk driving lawyer in Madison, WI, with twenty years of experience getting his clients their best possible results in DUI cases. Rick has a reputation of being smart, dedicated, and stubborn, which is why he’s been chosen by Super Lawyers for more than 15 years. He’s seen it all and will put his experience to work for you. Rick will defend you through all court proceedings. He reviews each DUI case with a critical eye to determine whether the initial police stop was illegal, whether the officer had probable cause after field sobriety tests, whether there was an illegal search, or illegal arrest, and whether the state can prove you had a prohibited alcohol concentration at the time you were driving. Rick will seek the best possible result from a plea agreement, or defend you at trial. A good DUI defense lawyer is an investment in your future and, at a minimum, will ensure you get a fair outcome. Rick is recognized as one of the best OWI attorneys in Madison, WI.
Wisconsin OWI First Offense
In Wisconsin, a first offense OWI is charged as a civil offense, and in most instances a person cannot be sent to jail. The penalties for a drunk driving first offense with a blood alcohol level under .15 are:
- Driver’s license revocation between 6 to 9 months – an occupational license that will allow that person to drive for a limited number of hours per week and for limited purposes.
- Up to $300 in fines (plus court costs it can be upwards of $800 to $1,000)
- Mandatory Alcohol Assessment (AODA)
- If a minor is in the vehicle or you cause an accident that causes an injury then jail up to 6 months
What are other OWI First offense considerations?
- An OWI first can cause you to lose your job, professional license
- There is no way to get it off of your record
- If your blood alcohol is .15 or above then you will be required to install an ignition interlock device (IID) on your vehicle that will cost hundreds of dollars per month
- An experienced attorney can handle most court proceedings for you, saving you time and stress
OWI Second Offense
A second drunk driving charge is a criminal misdemeanor traffic offense. A conviction will subject a person to a mandatory jail sentence and other penalties:
- A minimum 5-day jail sentence, and a maximum of 6 months in jail
- Driver’s license revocation between 12 to 18 months – after 45 days an occupational license that will allow that person to drive for a limited number of hours per week and for limited purposes.
- Up to $1,100 in fines plus court costs
- Mandatory Alcohol Assessment (AODA)
- An ignition interlock device (IID) usually for the period of revocation
- If a minor in the vehicle then penalties double, including jail time
What are other OWI Second offense considerations?
- An OWI second offense conviction will require a jail sentence. A good drunk driving lawyer can get the lowest possible jail sentence for you
- Electronic monitoring (rather than sitting in jail) is possible, but it’s up to the sheriff whether you get it. We can give you advice to help ensure that you do.
- An ignition interlock device (IID) is mandatory
- An experienced attorney like Rick Coad is critical to minimizing these consequences
OWI Third Offense
A second drunk driving is a criminal misdemeanor traffic offense. A conviction will subject a person to an even higher mandatory jail sentence and other penalties:
- A minimum 45-day jail sentence, and a maximum of 12 months in jail
- Driver’s license revocation between 24 to 36 months – after 45 days an occupational license that will allow that person to drive for a limited number of hours per week and for limited purposes.
- Up to $2,000 in fines plus court costs
- Mandatory Alcohol Assessment (AODA)
- An ignition interlock device (IID) usually for the period of revocation
- If a minor in the vehicle then penalties double, including jail time
What are other Wisconsin OWI Third offense considerations?
- An OWI third offense conviction will require a jail sentence. A good drunk driving lawyer can get the lowest possible jail sentence for you
- Electronic monitoring (rather than sitting in jail) is possible, but it’s up to the sheriff whether you get it. We can give you advice to help ensure that you do.
- An ignition interlock device (IID) is mandatory
- An experienced attorney like Rick Coad is critical to minimizing these consequences
OWI Fourth Offense
In Wisconsin, a Fourth OWI offense is a Class H Felony and subjects a person to a mandatory jail sentence and could result in a prison sentence:
- A minimum 60-day jail sentence, and a maximum of 3 years in prison
- Driver’s license revocation for life
- Up to $10,000 in fines plus court costs
- Mandatory Alcohol Assessment (AODA)
What are other Wisconsin OWI Fourth offense considerations?
- We need to talk about how to avoid prison
Wisconsin OWI Drunk Driving FAQs.
What is a Notice of Intent to Suspend?
If you are arrested in Wisconsin for Operating While Intoxicated (OWI), there are certain steps that, if followed, will give you your best chance of a good outcome in the your case. However, a person ticketed for a first drunk driving ticket must take immediate action to prevent their driver’s license from being suspended or revoked by the Department of Transportation.If you submit to a test of your blood or breath, and the result is above .08, you will receive a Notice of Intent to Suspend your driving privileges. You must demand a hearing within 10 days of receiving the notice. If you do not demand a hearing then your driving privileges will be suspended for 6 months beginning 30 days after the date of the notice. If you demand a hearing within those ten days, then you will be granted an administrative hearing where the DOT hearing examiner will determine whether to suspend your license. While most of those hearings do result in the suspension of your license, you may challenge certain aspects of the stop or arrest. Importantly, if you request a hearing, the DOT will send police reports to your lawyer, and your lawyer may issue a subpoena to the arresting officer to require that officer to provide testimony at the hearing. During that questioning of the officer, your lawyer may learn important facts about your case that may help defend you in the court case. Thus, even if you lose the administrative hearing regarding suspension of your license, you may gain valuable information to help increase the odds of a successful defense in your civil or criminal court case.
What Is a Refusal Hearing?
If at the time of your arrest you refused a blood or breath test then you would be issued a Notice of Intent to Revoke your driving privileges. You must demand a refusal hearing within 10 days. By requesting a hearing, you will be allowed to continue to drive as your case progresses. Otherwise, if you fail to request a hearing, your driving privileges will be revoked for 12 to 36 months and you will be required to install an Ignition Interlock Device on your vehicle.
What should I do if I’m Stopped on Suspicion of a DUI?
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.
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. Call him for a free consultation.