Wis. Senate passes drunken driving bill

MADISON, Wis. (AP) - A comprehensive toughening of Wisconsin's notoriously weak drunken driving laws moved a step closer to becoming law Thursday with unanimous approval by the state Senate.

The Assembly was expected to pass it later Thursday and Gov. Jim Doyle has signaled he will sign it.

Even under the reforms, Wisconsin would remain the only state in the country where 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. "It's a slap on the hand."

She urged Democrats to support a bill she sponsored that would make 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.

"This is a good day for Wisconsin," said Sen. Lena Taylor, D-Milwaukee.

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.

The Wisconsin bill had unanimously passed the Assembly in September, but concerns about how much it would cost to implement slowed down its progress until Thursday, the last scheduled session day of the year. Initially, a Senate committee approved raising the liquor tax 58 percent, or 50-cents per liter, to pay for it. But under opposition from Assembly members and others, another approach was taken.

Under the bill passed, 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.

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