Legislators serve up new DUI bills

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Less than two months into the new legislative session, some state lawmakers are intent on clamping down on people who have one too many, too many times.

Several proposals to intensify drunken driving laws in the state have already been drafted and more are on tap.

State Sens. Jim Sullivan, D-Wauwatosa, Jeffrey Plale, D-South Milwaukee and John Lehman, D-Racine, recently unveiled a plan to make third- and fourth-offense OWIs Class I felonies, punishable by a minimum of 60 days in jail and a minimum $600 fine.

A separate proposal is forthcoming from state Rep. Gary Bies, R-Sister Bay, but his proposal recommends even stiffer penalties for first time and repeat offenders.

“Putting people in jail may be a wake-up call for drivers in Wisconsin,” said Bies, who planned to introduce his proposal in late February. “We’ve got a culture that allows this good ole’ boy stuff and permits people to keep doing what they’re doing.”

Neither piece of legislation has been formally introduced, but they are expected to receive bill numbers soon, then advance to committee.

While attorneys in the state acknowledge that curbing drunken driving is a worthy task, they question the approach legislators are taking to address the problem.

Prosecutors caution against enacting any legislation without first considering the burden on offices around the state and defense attorneys suggest that while potentially lucrative to their practice, laws increasing OWI penalties may do little to deter offenders.

“I think we’re going to get a lot of calls if arrests continue at the same rate and if the penalties increase,” said defense attorney John A. Birdsall, Birdsall Law Offices S.C., Milwaukee. “But I personally would rather have good policy because there is not any shortage of work.”

First and Five

Bies said his proposal is rooted in his 30 years spent as a police officer in Door County, where he saw countless offenders repeatedly cycle through the system.

“I spent 20 years as a street cop and arrested a lot of drunks,” Bies said. “People don’t pay a fine, or will drive without a license, but if you start taking away their freedom, there is no way to replace that.”

Part of his plan calls for the criminalization of first-time OWI offenses. Violators who register below 0.15 blood-alcohol content (BAC) would spend five days in jail and those above 0.15 would spend eight days behind bars. Second-time offenders would spend 45 days to six months in jail.

Wisconsin Attorney General J.B. Van Hollen recently condemned any proposal that would result in mandatory jail for first time offenses because of the burden it would place on prosecutors around the state.

Estimates from the Wisconsin Legislative Fiscal Bureau suggest that it would cost the state approximately $8.3 million annually to prosecute first-time OWI offenses. Wisconsin is the only state that treats first time OWI offenses as a civil violation.

Milwaukee County District Attorney John T. Chisholm said before any drastic changes to OWI laws are considered, legislators need to address the impact those changes would have on local court systems.

“Making first OWI offenses a criminal charge, we’ll be talking about tons of cases that had been handled by [Milwaukee] county jurisdictions all coming down to the DA’s office now,” Chisholm said. “They should consider the lost revenue at the municipal level and the increased caseload for prosecutors.”

Bies acknowledged the hefty cost estimates, but said his plan requires first-time offenders to pay for their own jail time.

“Whatever that daily cost is, the offenders would be responsible for it,” said Bies, who added that there are no fiscal estimates for his proposal at this point.

Currently, first-time offenses by themselves carry a fine of up to $900, but do not carry any jail time.

Birdsall said cost issues aside, it would be unfair to label someone a criminal the rest of their life for a one-time mistake.

“People make dumb mistakes, but most people don’t repeat,” Birdsall said. “So to suddenly tag them with a criminal record as opposed to a civil offense is kind of uncalled for at this point.”

For Better or Worse

In addition to the increased volume of OWI cases expected for prosecutors if the laws change, some defense attorneys will also encounter an upswing in work.

While attorneys like Birdsall, who dedicates about half of his practice to drunken driving defense, might benefit from a business standpoint, the Wisconsin State Public Defender’s office could struggle to meet the demand, said SPD Board Chair Daniel M. Berkos.

“A great number of those first-time offenders would end up coming to our offices,” Berkos said. “The cost impact would be huge.”

Berkos added that proposals lowering felony standards to include third and fourth offenses would also likely increase the number of cases coming to the SPD.

Bies said his proposal will call for three-time offenders with a BAC below 0.15 to be subject to nine months in jail and those above 0.15 would be charged with a felony and serve 18-month sentences. Each subsequent violation would carry an additional year of imprisonment for each offense.

“I think people sometimes worry too much about offenders, and we should think about the victims of those offenses, rather than the poor guy who goes to jail,” Bies said.

The proposal from Sullivan, Plale and Lehman would make third OWI offenses within five years of the second a felony and all fourth offenses a felony. Both violations would include a minimum $600 fine and 60 days in prison.

Attorney Tracey A. Wood, who does primarily drunken driving defense, said enacting stiffer penalties will necessitate more people getting legal representation, because they will not want to risk having a criminal record.

“I think a lot of times people don’t get defense lawyers, and I’m not saying it’s a bad idea when it’s a misdemeanor, but people may not think if it as that big of a deal,” Wood said. “If the laws change, everyone will realize they have to get lawyers and that’s a huge expense to Wisconsin taxpayers.”