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UPDATE: Drunken Driving Bill
UPDATE: Governor signs bill, advocates want more.
Reporter: Zac SchultzEmail Address: zschultz@nbc15.com VIDEO: Doyle Signs DUI Bill 12-22-09 |
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UPDATE Posted Tuesday, December 22, 2009 -- 5:20pm
By Zac Schultz
Madison: Governor Doyle signed into law a major drunk driving reform package Tuesday.
Under the bill, 4th time drunk driving will now be a felony if it occurs within five years of a third offense.
First offense OWI will be a criminal offense if there is a child under 16 years old in the car and repeat offenders will need to install ignition interlock devices in all of their vehicles.
The new laws go into effect next July 1st.
Even with the stiffer penalties Governor Doyle and other reformers say they want more.
Last January, Jodene Meinel and her daughter Lacey were returning from an ice skating competition when a drunk driver hit their car. Lacey died in the crash.
The driver, Dan Schaefer, eventually pleaded guilty to homicide by intoxicated use of a motor vehicle. "He was put away for five years for killing a 14 year old girl, driving the wrong way on a divided highway after spending the day drinking," says Lacey's dad, Stephen Meinel.
Since then, Lacey's parents have dedicated their time to pushing the drunk driving legislation that Governor Doyle signed Tuesday. "It's an outlet for the disappointment and anger," says Stephen.
Lacy's killer was a first time drunk driver so this bill would not have impacted him. That's why Jodene says there's more work to be done. "Lacey was killed. A number of other people were killed, and we all did this great big push for this change. Now a number of more people have to be killed and their families will have to get involved and be another push for another change."
"I don't think the penalties are severe enough that it changes people's behaviors right now," says Stephen.
Governor Doyle agrees with Lacey's parents. "We could all say that there were things that we would like in this bill that aren't there, but it is a good bill."
Jodene says one bill and the Governor's thanks do not justify her daughter's death. "There just can't be a silver lining. She's gone and I don't know if I even believe it yet."
Even though this bill passed by near unanimous margins, it appears the political will is not there to push for more, which surprises Stephen. "We have a hard time understanding some of the politics here. But it is a step in the right direction. We were hoping there would be a jump in the right direction, but it is a step in the right direction."
Governor Doyle says one of the biggest obstacles to tougher penalties is money. It would cost 10's of millions of dollars a year to make third offense drunk driving a felony and 1st offense a criminal act.
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UPDATED Tuesday, December 22, 2009 --- 12:31 p.m.
MADISON, Wis. (AP) -- Gov. Jim Doyle has signed a bill that toughens Wisconsin's drunken driving laws.
The measure makes a fourth offense a felony instead of a fifth if it occurs within five years of the previous offense. It makes a first offense a misdemeanor if someone younger than 16 is in the car and requires ignition interlocks for repeat offenders and first-timers with high blood alcohol contents.
The bill also substantially raises criminal fees and driver's license reinstatement fees to cover expenses the new wave of offenders will generate.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, December 22, 2009 --- 12:18 p.m.
Release from the Governor's Office:
Governor Doyle Signs Drunk Driving Bill
MADISON – Governor Jim Doyle today signed legislation to strengthen Wisconsin’s drunk driving laws. At the signing, the Governor was surrounded by law enforcement officers, doctors and medical professionals, advocates and many people whose family or friends were killed due to drunk drivers.
“This bill is an important step in the fight against drunk driving in Wisconsin,” Governor Doyle said. “We still have a long way to go. The bill is not everything everybody wanted, and it’s not everything I wanted. But it is a good bill and another major step forward to fight drunk driving.”
Senate Bill 66 makes four main changes to current law. The costs associated with the bill will be offset by increased fees and penalties for drunk drivers. Changes include:
* Fourth offense OWI will be a felony if it occurs within five years of an earlier offense;
* Ignition interlocks will be required for repeat offenders and first-time offenders with at or above a 0.15 blood alcohol level;
* A greater emphasis will be placed on treatment for drunk drivers, helping reduce repeat offenses; and
* Increases first offense OWI to a misdemeanor if a child under 16 is in the vehicle.
"On behalf of Wisconsinites who have demanded safer streets, I thank Governor Doyle for signing drunk driving reform today," Senator Jim Sullivan said. "I think it is particularly poignant that we were able to sign this important legislation into law leading into the holiday season. Our history in this state is full of instances where somebody's joyous occasion and holidays have been turned into tragedy because of alcohol-related accidents. The timing could not be more appropriate."
“I am proud to be a part of this momentous step towards strengthening Wisconsin’s drunk driving laws,” Representative Tony Staskunas said. “Each session since I was first elected, I have introduced legislation to combat drunk driving and make our roadways safer. I am delighted that this session we were able to pass this comprehensive proposal that addressed punishment, prevention and treatment.”
Governor Doyle has spent his career fighting drunk driving – as a District Attorney, Attorney General and Governor. In his first few months as Governor, he signed legislation setting a .08 blood alcohol standard for drivers in Wisconsin. The Governor also signed bills strengthening the .08 standard, increasing penalties for underage drivers with alcohol in their system, and eliminating a loophole in the drunk driving law to help law enforcement and district attorneys.
Governor Doyle thanked Senators Sullivan and Plale and Representatives Staskunas and Zepnick for their work on the bill.
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UPDATED Tuesday, December 22, 2009 --- 5:25 a.m.
MADISON, Wis. (AP) -- Wisconsin's drunken driving laws are about to get tougher.
Gov. Jim Doyle says he will sign a bill Tuesday morning that makes a fourth offense a felony rather instead of a fifth if it occurs within five years of the previous offense.
The bill also makes a first offense a misdemeanor if a child younger than 16 is in the car and requires ignition interlock devices for all repeat offenders and first-timers with a blood alcohol level greater than .15 percent.
Doyle says he'll sign the bill Tuesday morning in his conference room at the state Capitol.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATE Posted Wednesday, December 16, 2009 -- 5:32pm
Madison: The Wisconsin State Legislature called themselves back to Madison to pass a drunk driving reform package.
The bill would make 4th offense OWI a felony. Currently, it takes 5 convictions before you face prison.
It would also require 3 time drunk drivers and some two-timers to install ignition interlock devices on all of their vehicles.
Rep. Tony Staskunas (D-Milwaukee) is one of the primary authors of the bill. "It's very comprehensive. We've hit a lot of different areas, punishment, treatment, prevention and oversight."
Also back on the floor Wednesday was Rep. Jeff Wood (I-Bloomer), who's been arrested three times for drunk driving in the last year.
Wood has missed votes earlier this fall because he was in rehab, in fact he was supposed to be in rehab when his most recent arrest took place.
Wood faces possible expulsion from the Assembly for his actions. He voted yes on drunk driving reform.
The Senate and the Assembly could have waited until the end of January to pass this bill, but Staskunas says it was important to get it done now. "It's an important symbolic gesture to get it done before the end of the year. We're coming into Christmas, we're coming into New Years. People are going to be out at parties. They're going to be out drinking and we really want to drive home the point that in Wisconsin you should not drink and get behind the wheel."
Governor Doyle has said he will sign the bill into law.
The total cost of the bill is about $15 million a year for putting drunk drivers in jail and prison, but lawmakers have raised the fee offenders will pay to make up the difference.
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UPDATED Wednesday, December 16, 2009 --- 3:22 p.m.
MADISON, Wis. (AP) -- The Wisconsin Legislature has passed a bill designed to cut down on drunken driving.
Gov. Jim Doyle says he will sign it.
The bill passed Wednesday makes a first offense a crime if someone under age 16 is in the car and makes driving drunk a felony on a fourth offense instead of a fifth.
Advocates argue that even more changes are needed, including making all first offenses a crime and legalizing roadside sobriety checkpoints.
Bill co-sponsor Rep. Tony Staskunas of West Allis says he thinks the measure is just the beginning of changes the Legislature will be making to improve the drunken driving law.
But he calls the bill that passed the most comprehensive in Wisconsin history.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Wednesday, December 16, 2009 --- 2:36 p.m.
MADISON, Wis. (AP) -- The Wisconsin state Assembly has passed a bill designed to cut down on drunken driving.
The Senate was expected to follow suit later on Wednesday.
Passage was never in doubt as a substantially similar bill passed unanimously in both the Senate and Assembly earlier this year. It passed the Assembly on Wednesday 93-to-1 with Democratic Rep. Marlin Schneider of Wisconsin Rapids casting the lone no vote.
Final passage was delayed from earlier this year until Wednesday while lawmakers worked on figuring out how to pay for it. They agreed to increase fees on convicted criminals and drunken drivers seeking to have their licenses reinstated.
The bill makes a first offense a crime if someone under age 16 is in the car and makes driving drunk a felony on a fourth offense instead of a fifth.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Monday, December 7, 2009 --- 1:30 p.m.
MADISON, Wis. (AP) -- A deal over how to pay for toughening of the state's drunken driving laws has been reached and is expected to pass the Legislature next week.
Under the deal announced Monday, criminals will have to pay higher court fees and more to have their driver's license reinstated if it's been suspended for drunken driving.
Separate versions of the bill passed both the Senate and Assembly earlier this year but lawmakers could not reach agreement on a common proposal before adjourning in November.
The deal is expected to pass in a special one-day session of the Legislature on Dec. 16.
Under the bill, driving drunk will be a felony on a fourth offense instead of a fifth. It also would make a first offense a crime if there's a child under age 16 in the car.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Friday, November 6, 2009 --- 8:30 a.m.
MADISON, Wis. (AP) -- The state Assembly has decided against voting on a bill toughening drunken driving laws even after it approved a similar measure and the Senate passed it unanimously earlier Thursday.
Democratic Assembly leaders said in a press release issued late Thursday night that they needed more time to work out what they called minor differences.
Assembly Speaker Mike Sheridan, a Democrat from Janesville, says the bill could be passed in a special session. Thursday was the last scheduled day for the Legislature to be in session this year.
Lawmakers had been working on the measure for months and a very similar version passed the Assembly unanimously two months ago.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, November 5, 2009 --- 2:39 p.m.
MADISON, Wis. (AP) -- A fourth offense drunken driving conviction would be a felony in some cases, instead of just a misdemeanor, under a bill passed by the Wisconsin state Senate.
Backers of the measure passed Thursday say it gets tough on drunken driving in Wisconsin, even though first offenses remain a traffic violation. Wisconsin is the only state where that's the case.
Under the bill, a first offense would be a crime only if someone under age 16 is in the car.
The increased penalties under the bill passed would be paid for by increasing from $50 to $90 a fee paid by drunken drivers whose licenses are suspended or revoked.
The Assembly was expected to pass the bill later on Thursday.
Gov. Jim Doyle has said he supports the bill and is expected to sign it.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, October 29, 2009 --- 4:41 p.m.
MADISON, Wis. (AP) -- Democrats in the state Senate are dropping plans to increase the liquor tax in order to pay for toughening drunken driving laws.
Carrie Lynch, the spokeswoman for Senate Majority Leader Russ Decker, said Thursday that Democrats will instead propose increasing fees to pay for it but details were still being worked out.
Lynch says the bill with this new approach should come up for a vote next week.
A Senate committee had proposed the liquor tax but that idea had not been voted on in either the Senate or Assembly. The Assembly did unanimously pass a different version of the bill without the tax increase.
The bill increases penalties and makes a number of other changes designed to crack down on drunken driving.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, October 6, 2009 --- 5:17 p.m.
MADISON, Wis. (AP) -- The tax on hard liquor would go up 50 cents a liter to pay for increasing penalties on drunken driving in Wisconsin under a proposal headed for debate in the state Senate.
The Senate Judiciary Committee approved the 58 percent tax increase on Tuesday. The higher tax would help pay for a proposal the Assembly unanimously passed last month that would, among other things, make a first drunken-driving offense a crime in Wisconsin if a child is in the car.
The tax has the backing of Democratic Senate leaders. Gov. Jim Doyle, also a Democrat, was open to the idea.
The current tax, which covers liquor except for beer, wine and cider, is 85.86 cents a liter. The new tax would be $1.35 per liter.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, October 6, 2009 --- 4:45 p.m.
MADISON, Wis. (AP) -- An increase in Wisconsin's tax on hard liquor is being considered as a way to help pay for toughening of the state's drunken driving law.
The Senate Judiciary Committee on Tuesday is considering increasing the tax, which covers liquor except for wine and cider, from the current 85.86 cents a liter.
A 10 percent increase would raise the tax 94 cents a liter. A 50 percent increase would raise it $1.29. Over two years, a 50 percent increase would bring in just over $29 million.
Once voted on by committee, it must also pass the Senate and Assembly before becoming law.
The state Assembly last month unanimously passed a bill to strengthen drunken driving laws. According to the nonpartisan fiscal bureau, those changes will cost nearly $71 million a year.
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UPDATED Friday, September 25, 2009 --- 11:45 a.m.
MADISON, Wis. (AP) -- Wisconsin Gov. Jim Doyle says he wants to sign a "good, strong bill" toughening drunken driving laws in Wisconsin.
The state Assembly last week passed a bill that would make the fourth offense a felony, instead of the fifth offense as is current law. It would also make a first offense a crime if someone under age 16 is in the car.
Doyle says he would like to see a third offense be a felony. He says he supports making it a crime if there's a child in the car.
He says it's clear that there's "still a long way to go" to toughen the state's laws on drunken driving.
Wisconsin has one of the highest rates of drunken driving in the country and is the only state where the first offense is not a crime.
Copyright 2009 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, September 17, 2009 --- 4:21 p.m.
MADISON, Wis. (AP) -- The Wisconsin state Assembly has unanimously passed a bill toughening the state's drunken driving laws.
Gov. Jim Doyle is supportive of the measure and his spokesman Lee Sensenbrenner says he expects him to sign it. A similar bill is expected to pass the Senate within weeks.
The bill passed Thursday would make Wisconsin the 17th state where a fourth offense drunken driving is a felony. Currently, Wisconsin along with North Dakota are the only states where it's not a felony until the fifth offense.
The proposal makes a first offense a crime if someone under age 16 is in the car.
However, a first offense under other circumstances would remain a traffic violation. Wisconsin is the only state where that's the case.
Advocates say the changes don't go far enough.
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Posted Thursday, September 17, 2009 --- 8:45 a.m.
MADISON, Wis. (AP) -- Wisconsin's drunken driving laws would be tightened under a comprehensive bill set for a vote Thursday in the state Assembly.
Under the bill, a fourth offense drunken driving would be a felony instead of a misdemeanor if it occurs within five years of the previous offense. Currently, drunken driving isn't a felony until the fifth offense.
A first offense would remain a traffic offense unless the offender had someone under age 16 in the car. Wisconsin is the only state that doesn't criminalize first-offense drunken driving arrests.
The bill would also require ignition interlock devices for all repeat offenders and first-time offenders with a blood alcohol content higher than 0.15, nearly double the legal limit of .08.
Copyright 2009 by The Associated Press. All Rights Reserved.
Latest Comments
I'm sure that as soon as a politician's family member gets killed by a drunk driver, 1st or 10th offense, somehow they'll manage to muster the political will and magically find the funding... We are just sheep to those that breath the "rare air" of the aristocracy.
Today a 22year old made a deal. It was his 3rd offense and the charge was dropped. Oh, but he did plead No Contest to driving after revocation. Nice. 4th time Felony? Fine, but give some punishment to the first 3 times as well.
Tired of Listening, thanks for the clarification and the civility, too. And not that it's worth dirt, but in my opinion you're right on the mark. To the tavern lobby comment, I agree with the end result, but I put all blame squarely on the shoulders of the elected officials. They have the ability to see past dollars and cents should they choose. But since they don't listen to me when I complain to them, I'd like to see them all step down so we can start from scratch!
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VIDEO: Doyle Signs DUI Bill 12-22-09

