Madison OWI Lawyer
Rick Coad is a Madison, Wisconsin criminal defense attorney who is skilled in defending all DUI/OWI charges.
The veteran OWI lawyers at Coad Law can successfully defend you in your Operating While Intoxicated (OWI) case in Madison, Wisconsin, and the surrounding area. Drunk driving laws, also referred to as Driving Under the Influence (DUI) are complicated, and have severe consequences. The right OWI attorney can help you navigate the process to make sure your rights are defended, and you get the best possible result.
The most common charges for a violation of Wisconsin Statute Section 346.63 (1) (a) 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.
In Wisconsin, a first offense OWI is charged as a civil offense, and in most instances a person cannot be sent to jail. 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 a person is found guilty of a first offense they will have their license suspended or revoked, but usually can obtain an occupational license that will allow that person to drive for a limited number of hours per week and for limited purposes. It is important to note that there are two proceedings when you are issued a citation for an OWI. The first proceeding is an administrative proceeding conducted by the DOT to determine whether to suspend your driving privileges. The second proceeding is the court case itself, where you may be subject to fines and jail time and further revocation or suspension of your driving privileges.
A second, third or fourth OWI are criminal misdemeanor offenses and carry more severe consequeces. A conviction will subject a person to mandatory jail time (a minimum of 5 days for an OWI 2nd offense, and 45 days for an OWI 3rd offense), significant fines, and a more lengthy driver’s license revocation. In Wisconsin, a fifth OWI offense is a felony and subjects a person to a mandatory jail sentence.
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. Rick Coad is recognized as one of the best OWI defense attorneys in Madison, WI. And he will get you your best possible result. Call him for a free consultation.
Important Procedures in an OWI Case
If you are arrested in Madison, 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. 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.
If at the time of your arrest you refused a blood or breathe 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.
After the administrative aspects of your case are handled, you will have an initial appearance in the court case. After that initial court date, we will work with you to examine your case to see if there are any suppression motions to file, prepare your defense at trial, and obtain the best possible plea offer from the government.
Rick Coad is a drunk driving lawyer in Madison, WI, who will defend you through all court proceedings, including an administrative hearing with the Department of Transportation. Rick also reviews a DUI case to determine whether the initial police stop was illegal, whether there was an illegal search, or illegal arrest. He will seek the best possible result from a plea agreement, or defend you at trial.
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.
What are the Penalties for an OWI in 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?
Once you have reached your fourth OWI offense, our main concern is making sure you avoid prison. We have been successful for many clients in doing so. But every case is different, and we’ll find a way to get your best possible result.
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.