Madison OWI & Drunk Driving Defense Attorney

Madison, WI OWI Lawyer

Rick Coad is a top-rated OWI attorney in Madison, Wisconsin who gets results.

By Attorney Richard A. Coad | Coad Law Office | Updated June 2026

If you’ve been arrested for OWI in Madison, Dane County, or anywhere in central Wisconsin, the decisions you make in the next few days matter enormously. Wisconsin OWI law is unlike most states — even a first offense carries immediate license consequences, and the 10-day window to protect your driving privileges starts the moment you’re arrested. Attorney Rick Coad has spent over 20 years defending OWI cases in Madison and the surrounding counties, and he knows exactly how to attack the evidence and protect your future.

Award-winning attorney Rick Coad provides aggressive, experienced defense for Operating While Intoxicated (OWI) cases. We understand the stress you are under, and we are here to navigate the complexities of Wisconsin drunk driving laws to get your best possible result. Call us for a consultation.

Facing OWI Charges in Wisconsin?

In Wisconsin, OWI charges (often called DUI in other states) typically fall under Wisconsin Section 346.63 (1) (a). We successfully defend clients against:

• Operating While Intoxicated (OWI)
• Prohibited Alcohol Concentration (PAC)
• Refusal of a Chemical Text
• Drug-Related OWI (marijuana, or other drugs)

Why Choose Coad Law for Your OWI?

Rick Coad is recognized by Super Lawyers and Best Lawyers in America in 2026 as one of the best OWI attorneys in Madison and Dane County, WI. For over 20 years he has stubbornly defended his clients against OWI charges, insisting on getting their best possible outcomes. When you hire Coad Law Office you get:

• A careful and expert review of the evidence. Did the officer have reasonable suspicion or probable cause to stop you? If not, the evidence may be suppressed. Were the field sobriety tests done correctly? Each case is thoroughly reviewed to identify any weakness in the case.
• Clear, practical guidance. An OWI charge is confusing and stressful. We give straightforward advice about the process, potential penalties, and how we can get you your best possible outcome.
• 20 years of Proven Experience. You aren’t just hiring a lawyer; you’re hiring a veteran advocate recognized by peers and judges alike. Whether in Madison Municipal Court or Dane County Circuit Court, Rick Coad’s deep local knowledge is your greatest asset.

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 & Consequences

Offense	Classification	Jail Time	License Revocation
1st OWI	Civil Forfeiture	None (usually)	6-9 months
2nd OWI	Criminal Misdemeanor	5 days- 6 months	12-18 months
3rd OWI	Criminal Misdemeanor	45 days – 12 months	24-36 months
4th OWI	Class H Felony	60 days – 3 years	Lifetime

Note: Penalties double if a minor was in the vehicle (or a first offense with a minor, 5 days to 6 months jail). High BAC levels (.15 or more) require an IID on a first offense. Causing injury also increases penalties.

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.

More Details on 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 third drunk driving is still 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.

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.