Wis. passes tougher drunken driving bill

Unlike the criminal penalties it can draw elsewhere, a first-time drunken driving offense in Wisconsin will still mean a mere traffic ticket under a proposal lawmakers have touted as getting tough on the issue.

The bill passed unanimously Thursday by the state Assembly strengthens other parts of the law, like making driving drunk a felony on a fourth offense instead of a fifth in some cases. But a first offense would be a crime only if someone under 16 is in the car. It usually means a fine of up to $300 and maybe a lecture from a judge.

"We want to see people deterred from driving drunk," said Paul Jenkins of Mequon, whose pregnant stepdaughter and her 10-year-old daughter were killed last year by a repeat drunken driver. "This bill doesn't do that."

Wisconsin, once home to major brewers including Miller, Blatz, Schlitz and Pabst, has long been known as a beer-friendly state. The Tavern League, representing 13,000 bars, taverns and restaurants, is a powerful lobbying force. And Thursday's vote comes during the Milwaukee Beer Week celebration.

"It's a cultural issue, we all know that," said Judy Jenkins, who was with her husband at the Capitol making one last push for a stronger bill before the vote.

"Baby steps are what's being done," she said. "They're what's needed, but this is a long journey and it's going to take a long time to inch forward. But we're thankful for each inch at this point."

Even with the changes proposed, Wisconsin would remain one of the most lenient states nationally on drunken driving, said Laura Dean-Mooney, national president of Mothers Against Drunk Driving.

Wisconsin and North Dakota are the only states where it isn't a felony until the fifth offense, according to the National Conference of State Legislatures. Driving drunk is a felony on the second offense in two states, a third offense in 22 states and on the fourth offense in 16 states.

In Maryland, Pennsylvania and Washington, all offenses are misdemeanors. In the five other states, drunken driving can be a felony depending on other factors.

Supporters in Wisconsin's Assembly heralded the changes despite the criticism, saying they marked an important first step in addressing the state's historically high rates of drunken driving.

"We're going to make a huge, huge dent in drunk driving in Wisconsin with this bill," said the measure's sponsor, Rep. Tony Staskunas, D-West Allis. "This is comprehensive and quite groundbreaking."

The Senate was expected to vote on a similar measure within weeks. Democratic Gov. Jim Doyle supports the bill and would likely sign it, said his spokesman Lee Sensenbrenner.

Under the proposal passed Thursday, ignition interlock devices would be required for all repeat offenders and for first-time offenders who have a blood alcohol level of more than .15 percent, nearly double the legal limit of .08. The devices require a driver to blow into them and won't allow the car to start if the person has been drinking.

The proposal also would allow second- and third-time offenders to reduce their time behind bars by completing drug and alcohol treatment. The fourth offense would be a felony instead of a misdemeanor, but the offense must occur within five years of the previous violation.

About 41 percent of Wisconsin's traffic deaths in 2008 were alcohol-related, according to the National Highway Traffic Safety Administration, higher than the national average of 37 percent. Last year 208 people died in Wisconsin in crashes involving a driver with a blood-alcohol content of at least .08.

"As long as it remains a traffic citation, people are going to get away with a first-offense DUI," Dean-Mooney said.