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Drunk Driving Reform Headed to Senate

Posted by State Senator Jim Sullivan on Oct. 8, 2009 | 15 comments

Drunk Driving, OWI, Prevention, Repeat Offenders, Senate Judiciary Committee, Sullivan, Victims

I wanted to bring you a brief update on my proposal to reform drunk driving laws in Wisconsin, Senate Bill 66. The Senate Judiciary Committee held an executive session on the amended bill this week, where it passed by a vote of 3 to 2. I expect the bill to be taken up on the Senate floor this month.  

Senate Bill 66 provides a comprehensive approach to a complex problem that has plagued Wisconsin’s residents and roadways for too long. This commonsense bill has three elements: 1) Sanctions for repeat offenders, 2) Prevention, and 3) Treatment.

We must pass tougher sanctions for drunk drivers. Sanctions alone, however, won’t solve the problem of drunk driving in Wisconsin, especially for repeat offenders. We need to take a multifaceted, commonsense and comprehensive approach. This bill promotes prevention. The proposal expands the use of Ignition Interlock Devices (IID), one of the tools that government has to prevent drunk drivers from getting behind the wheel.The proposal also includes statewide expansion of the successful Winnebago County Safe Streets pilot program, which directs some offenders into alcohol treatment programs. 

There’s no doubt we spend a lot of money on corrections in Wisconsin. Safety and security is labor intensive and expensive. Our safety must remain a top priority, even in tough economic times. 

Below is a look at several important components of the current compromise that has been reached between myself and Rep. Staskunas, the author of Assembly Bill 283.  The Assembly passed Assembly Bill 283 on September 17, 2009.

Sanctions for Repeat Offenders 

Fourth OWI is a Felony

This provision would make a fourth OWI offense a felony if the driver has a previous OWI-related conviction, suspension, or revocation within the previous five-year period.

Criminalization of 1^st offense OWI if a Child is in Vehicle

Currently, if an individual is convicted of an OWI with a child in the car, the driver can receive twice the fine/forfeiture and twice the incarceration time. Under this provision, if a person is convicted of an OWI offense and had a minor in the vehicle, the driver would be charged with a misdemeanor offense rather than a traffic offense.

Closing the .08-.099 Loophole

When the prohibited blood alcohol concentration (BAC) for the operation of motor vehicles was lowered from 0.10 to 0.08 in 2003, a gap was created for first-time offenses falling between the old limit and the new limit.  This proposal would repeal that gap. 

Under current law, in addition to other penalties, individuals convicted of operating while intoxicated are subject to a number of penalty surcharges and court fees and must comply with a drug and alcohol assessment before their driving privileges can be reinstated.  However, first-time offenders who have a BAC of 0.08 or more but less than 0.10 are not subject to penalty surcharges, court fees, or drug and alcohol assessments.  Additionally, their first OWI conviction record is purged if they do not re-offend within ten years.  This provision removes these special exemptions.

Prevention 

Mandatory Ignition Interlock Devices

This proposal would require the installation and use of Ignition Interlock Devices (IIDs) for all repeat drunk driving convictions and for first time high BAC (.15 or higher) convictions for at least one year. 

Treatment  

Safe Streets Treatment Options Program (SSTOP)

In 2005, a pilot program was created in Winnebago County to offer reduced time of imprisonment to convicted OWI offenders contingent upon successful completion of a local treatment program.  Offenders can opt to participate in the program only one time.

Data collected over the first two years of the project shows that Winnebago County saved over $465,000 in jail time costs for the county, which has allowed the county to spend $218,000 fewer dollars in overall criminal justice spending.  Perhaps most importantly, the SSTOP program has a remarkably low seven percent recidivism rate over two years for those completing the program, a significant reduction in the likelihood of participants re-offending.

The bill will allow the expansion of the SSTOP program statewide.  Participation is not mandatory; rather this proposal simply allows counties to offer such programs within their jurisdiction. 

Senate Bill 66 also increases the minimum term of imprisonment for a person convicted of a third OWI, and raises the maximum amount of probation a person convicted of a fourth OWI can receive.

For more information on Senate Bill 66, please contact me at Sen.Sullivan@legis.wisconsin.gov.