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 OWI court case and your driving privileges involve separate proceedings. A deadline to challenge a license suspension or revocation may arrive before your first court appearance.
If you received a Notice of Intent to Suspend following a chemical test, you have a short deadline to request an administrative review. If you received a Notice of Intent to Revoke for an alleged refusal, you generally have 10 days from the notice date to demand a refusal hearing in court.
Do not wait until your court date to address these notices. Rick can review your paperwork, identify the applicable deadlines, and explain your options for protecting your driving privileges.
How We Defend Your OWI Case
An arrest does not mean you will be convicted. Even a breath or blood test over the legal limit does not answer every question about whether the government can prove its case.
Rick examines the evidence and how the police obtained it, including:
- 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.
What Are the Penalties for an OWI in Wisconsin?
The most common charges are operating while intoxicated (OWI), operating a motor vehicle with a prohibited alcohol concentration (PAC), or 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 Wisconsin 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.
A second or third OWI offense is a criminal offense and carries more severe consequences. 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 fourth or fifth OWI offense is a felony, bringing a possible prison 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.
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 is 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 third 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.