Wis. Assembly delays action on drunken driving

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The Democratic-controlled state Assembly refused to vote Thursday on a comprehensive toughening of Wisconsin's notoriously weak drunken driving laws after the measure unanimously passed the Senate.

Assembly leaders said in a statement that more time was needed to work out what Speaker Mike Sheridan, D-Janesville, called "minor differences." The Assembly unanimously passed a similar version of the bill two months ago.

Gov. Jim Doyle has said he supports the bill and will sign it into law.

The biggest difference between the version the Assembly passed in September and the one that cleared the Senate without a dissenting vote Thursday was funding. The Senate bill included new fees for drunken drivers and all other convicted criminals to pay for the tougher penalties; the original Assembly version had neither.

A Senate committee had previously supported a 58 percent liquor tax increase to pay for it, but discarded the idea.

The Assembly's decision not to vote on the bill could mean the Legislature will not pass any tougher drunken driving laws this year despite public pressure to act. Sheridan said once the problems are solved, the Assembly could come back in a special session to pass it.

"We agree on most of the major steps needed to tackle this problem," he said in a statement. "But this issue is too important to let the calendar dictate the timetable."

Even under the reforms that both houses have approved, Wisconsin would remain the only state in the country where the first offense is a traffic offense and not a crime. Under the bill, a first offense would be a crime only if someone under age 16 is in the car.

"How can we send out a very strong message to our constituents if we say first time offense, it's like a traffic offense?" asked Sen. Alberta Darling, D-River Hills, prior to the Senate passing the measure. "It's a slap on the hand."

She urged Democrats to support a bill she sponsored that would make the first offense a crime.

Supporters of the approved bill said other changes _ like making a fourth offense a felony if it occurs within five years of the previous offense _ significantly toughen Wisconsin's law. Currently, Wisconsin is one of only two states where drunken driving isn't a felony until the fifth offense.

"We must send a message to drivers, to parents across the state that this kind of behavior will not be tolerated in Wisconsin," said the bill's sponsor, Sen. Jim Sullivan, D-Wauwatosa.

Once home to major brewers including Miller, Blatz, Schlitz and Pabst, Wisconsin has long been known as a beer-friendly state. The Tavern League, representing 13,000 bars, taverns and restaurants, is a powerful lobbying force.

But the public and victims of drunken driving accidents have increasingly pressured the Legislature to take action, pointing to statistics that show high rates of drunken driving in the state.

Last year, about 41 percent of Wisconsin's traffic deaths 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.

Supporters also point to Wisconsin's weak penalties.

Wisconsin and North Dakota are the only states where drunken driving 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, on the 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.

Under the bill passed by the Senate, drivers whose licenses are suspended or revoked for a drunken driving-related offense would have to pay a $90 reinstatement fee instead of just $50. It also increases a court fee paid by all convicted criminals from $20 to $163.

The bill also:

_ Requires ignition interlock devices 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.

_ Allows second- and third-time offenders to reduce their time behind bars by completing drug and alcohol treatment.

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