Madison OWI Lawyer | Dane County Drunk Driving Defense | Attorney Rick Coad

Madison OWI Lawyer | Defense Attorney Rick Coad

Rick Coad is an experienced Madison OWI lawyer who has defended people accused of drunk driving in Wisconsin for more than 20 years.

Attorney Rick Coad provides aggressive, experienced defense for Operating While Intoxicated (OWI) cases in Madison, Dane County, and throughout central Wisconsin. If you’ve been arrested for OWI, the decisions you make in the next few days matter enormously.

Why Choose Coad Law for Your OWI?

For over 20 years, Attorney Rick Coad has stubbornly defended clients against OWI charges in Madison and Dane County, earning recognition by Super Lawyers every year since 2007 and Best Lawyers in America as one of the region’s top criminal defense attorneys. When you hire Coad Law Office, you get:

• Meticulous Evidence & Suppression Reviews: We examine every detail of your stop. Did law enforcement have lawful reasonable suspicion or probable cause to pull you over? Were Standardized Field Sobriety Tests (SFSTs) administered strictly per NHTSA guidelines? If your rights were violated, we file motions to suppress the evidence.
• Deep Local Court Knowledge: Whether in Madison Municipal Court or Dane County Circuit Court, Attorney Rick Coad’s veteran presence before local judges and prosecutors is your strongest asset.
• Clear, Practical Guidance: An OWI charge is confusing and overwhelming. We give straightforward, honest advice about the legal process, potential penalties, and the exact steps we will take to get your best possible outcome.

Urgent: You Must Act Within 10 Days to Avoid Suspension

There are two separate “clocks” ticking after an arrest. One involves the court, and the other involves the Wisconsin DOT.

1. Administrative Suspension (The 10-Day Rule) – If you provide a blood or breath sample with a result above .08, you will receive a Notice of Intent to Suspend.
   • The Deadline: You must request an administrative review within 10 days.
   • The Risk: Failure to request a hearing leads to a license suspension of 6 months.
2. Refusal Hearing – If you refused a chemical test, you face a Notice of Intent to Revoke.
   • The Deadline: You must demand a refusal hearing within 10 days.
   • The Risk: Failure to request a hearing leads to a license revocation of 12 to 36 months and mandatory Ignition Interlock Device (IID) installation.

2026 Wisconsin OWI Penalties & Offense Breakdown

Offense	Classification	Jail / Exposure	License Revocation	Fines & Costs	IID Required?
1st OWI	Civil Forfeiture	None (usually)	6 – 9 months	$150 – $300+	If BAC ≥ .15
2nd OWI	Criminal Misdemeanor	5 days – 6 months	12 – 18 months	$350 – $1,100+	Yes (12–18 mos)
3rd OWI	Criminal Misdemeanor	45 days – 12 months	24 – 36 months	$600 – $2,000+	Yes (24–36 mos)
4th OWI	Class H Felony	60 days – 6 years*	2–3 yrs or Lifetime	$600 – $10,000+	Yes (1–3+ yrs)

*Class H Felony carries up to 3 years initial prison confinement plus 3 years extended supervision. Penalties double if a minor was present.

The 10-Year Rule vs. Lifetime Look-Back: A second offense occurring more than 10 years after a first offense is treated as a second “first offense” (a non-criminal civil forfeiture). However, if you incur two convictions within 10 years, Wisconsin’s lifetime look-back rule locks in—meaning any subsequent OWI for the rest of your life counts as a 3rd or 4th offense.

Ignition Interlock Devices (IID): Mandatory on all repeat offenses, chemical test refusals, or first offenses with a BAC of .15 or higher.

Aggravating Factors: Penalties and jail sentences double if a minor under 16 was in the vehicle.

Jail Alternatives: For criminal offenses (2nd and 3rd), we aggressively negotiate for electronic home monitoring (EHM) or Huber work release rather than sitting in jail.

Permanent Record: OWI convictions cannot be expunged under Wisconsin law. Fighting the charge early is your only way to keep your record clean.

Local Court Experience: Madison Municipal vs. Dane County Circuit Court

OWI procedure varies significantly depending on where you were stopped:

• Madison Municipal Court (210 Martin Luther King Jr Blvd): Handles first-offense civil OWI tickets issued by the City of Madison Police. While non-criminal, municipal convictions still carry mandatory license revocations and permanent record consequences.

• Dane County Circuit Court (215 S Hamilton St): Handles all criminal OWI charges (2nd offenses and above), felony charges, or first offenses issued by the Dane County Sheriff or Wisconsin State Patrol.

Surrounding Local and Circuit Courts: We regularly defend clients in municipal and circuit courts throughout Sun Prairie, Fitchburg, Middleton, Verona, Waunakee, Columbia County (Portage), Jefferson County, Sauk County (Baraboo and Wisconsin Dells), Portage County (Stevens Point) and Rock County (Janesville).

Frequently Asked Questions (FAQ)

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 chemical 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, and it’s your obligation to provide it if the officer has probable cause.

What is the difference between OWI and DUI in Wisconsin?

In Wisconsin, the charge is called OWI — Operating While Intoxicated — rather than DUI. The two terms refer to the same offense. Wisconsin uses OWI because the law applies to operating any motor vehicle, not just driving. If you’ve been charged with OWI in Wisconsin, you may see the terms used interchangeably, but they mean the same thing legally.

Can an OWI be expunged from my record in Wisconsin?

Wisconsin law does not allow OWI convictions to be expunged. Once you are convicted of OWI, it stays on your record permanently and counts toward any future OWI charges. This is one of the most important reasons to fight the charge aggressively from the start rather than simply accepting a plea.

What happens if I refuse a breathalyzer or blood test in Wisconsin?

Under Wisconsin’s implied consent law, refusing a chemical test (breath or blood) after a lawful arrest triggers an automatic 12-month license revocation and a mandatory ignition interlock device — even if you are never convicted of OWI. You also lose the ability to negotiate around the test result. Refusal is generally not in your interest, but the specifics of your case matter. Call us before making any decisions.

How long does an OWI stay on my record for purposes of counting offenses?

In Wisconsin, all prior OWI convictions count forever — there is no “look-back” period. A conviction from 20 years ago still counts as a prior offense if you are charged again today. This makes it critical to fight every OWI charge, even a first offense, as aggressively as possible.

Wisconsin OWI Quick Facts (2026 Update)

• The 10-Day Rule: You have only 10 days from your arrest to request an Administrative Review hearing to save your driving privileges.
• Blood vs. Breath: In Wisconsin, refusing a chemical test results in an automatic 1-year revocation and mandatory Ignition Interlock Device (IID).
• Felony OWI: Since 2017, all 4th offenses in Wisconsin are felonies. 5th and 6th offenses now carry a presumptive mandatory minimum of 1.5 years in prison.
• Occupational Licenses: Most 1st-offense drivers are eligible immediately, while 2nd-offense drivers must wait 45 days.

While our office is located in Madison, we regularly represent clients facing OWI charges in Portage (Columbia County), Jefferson (Jefferson County), Janesville (Rock County), Dodgeville (Iowa County), Monroe (Green County), Stevens Point (Portage County) and others.  We also represent people in the municipal courts located in Madison, Waunakee, Sun Prairie, Verona, Fitchburg, Middleton and others.