The Legislature has taken the opportunity over the past two sessions to toughen Wisconsin's operating while intoxicated (OWI) laws and I am sure this session will be no different. With the public outcry at an all-time high and repeat offenders causing deaths and serious accidents in our communities, no doubt there will be a change again this session.
Exactly what will change still is up for debate. There are several proposals in both houses of the Legislature with suggested changes to Wisconsin's OWI laws. It is unclear at this time what will progress. I have co-sponsored one of the proposals, Senate Bill 66, authored by Sen. Sullivan. I believe this bill is a comprehensive approach to drunk driving and has a strong likelihood of passage in the Legislature. Generally, I think the widespread reform of a statute is the best approach; this bill does that.
Senate Bill 66 makes three broad improvements to the OWI laws; it removes some exemptions that exist for offenses that are 0.08 blood alcohol but not 0.10 all offenses are now treated the same for fees and record purge, it makes ignition interlock devices mandatory if the offender refuses a test and on the second OWI and every later offense, and it makes the third OWI offense in five years a felony.
Provisions of SB 66:
• Removes current fee and surcharge exemptions for .08 to 0.10 violators, they now have to pay.
• Removes current purge of first offense from Department of Transportation records after 10 years for .08 to 0.10 BAC, now the first offense is a permanent record.
• Removes current exemption from driver assessment and driver plan for .08 and 0.10 offenders, all offenders need the plan.
• Makes ignition interlock device mandatory if; offender refuses test any offense, when a prior offense is 0.16 or higher, or with two or more offenses.
• Ignition interlock devices may not be removed during the period of the court order.
• Allow other counties to implement the Winnebago County Pilot program; which reduces sentences if the offender successfully completes an alcohol and drug treatment program.
• Third offense in five years is a felony. Fourth offense in four years is a felony. (Currently fifth offense is first felony)
Clearly the "culture" of what is acceptable drinking in Wisconsin needs to be closely examined by all of us in our communities. As legislators, our part of that change is to consider carefully changes to the law we believe will effectively keep dangerous drivers off the road.
- Sen. Jon Erpenbach, D-Waunakee, serves the 27th State Senate District.
Exactly what will change still is up for debate. There are several proposals in both houses of the Legislature with suggested changes to Wisconsin's OWI laws. It is unclear at this time what will progress. I have co-sponsored one of the proposals, Senate Bill 66, authored by Sen. Sullivan. I believe this bill is a comprehensive approach to drunk driving and has a strong likelihood of passage in the Legislature. Generally, I think the widespread reform of a statute is the best approach; this bill does that.
Senate Bill 66 makes three broad improvements to the OWI laws; it removes some exemptions that exist for offenses that are 0.08 blood alcohol but not 0.10 all offenses are now treated the same for fees and record purge, it makes ignition interlock devices mandatory if the offender refuses a test and on the second OWI and every later offense, and it makes the third OWI offense in five years a felony.
Provisions of SB 66:
• Removes current fee and surcharge exemptions for .08 to 0.10 violators, they now have to pay.
• Removes current purge of first offense from Department of Transportation records after 10 years for .08 to 0.10 BAC, now the first offense is a permanent record.
• Removes current exemption from driver assessment and driver plan for .08 and 0.10 offenders, all offenders need the plan.
• Makes ignition interlock device mandatory if; offender refuses test any offense, when a prior offense is 0.16 or higher, or with two or more offenses.
• Ignition interlock devices may not be removed during the period of the court order.
• Allow other counties to implement the Winnebago County Pilot program; which reduces sentences if the offender successfully completes an alcohol and drug treatment program.
• Third offense in five years is a felony. Fourth offense in four years is a felony. (Currently fifth offense is first felony)
Clearly the "culture" of what is acceptable drinking in Wisconsin needs to be closely examined by all of us in our communities. As legislators, our part of that change is to consider carefully changes to the law we believe will effectively keep dangerous drivers off the road.
- Sen. Jon Erpenbach, D-Waunakee, serves the 27th State Senate District.
