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Deal Announced on Drunken Driving Bill

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 on 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.  "At the heart of this bill is the fact that if you drink, do not get behind the wheel," said state Rep. Josh Zepnick, D-Milwaukee.  Separate versions of the bill passed both the Senate and Assembly earlier this year but lawmakers couldn't 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.

 

Wisconsin Lawmakers May Have Special Session This Month

By SCOTT BAUER (Printed in the Wisconsin State Journal on December 3, 2009)

Lawmakers have largely worked out their differences on two proposals to toughen Wisconsin's drunken driving laws, clearing the way for a compromise bill to be passed later this month, the sponsor of one proposal said Wednesday.

The announcement came the same day Assembly Majority Leader Rep. Tom Nelson, D-Kaukauna, told legislators to be prepared to return to work for a one-day session on Dec. 16. Nelson did not say what would be covered.

Drunken driving is the only bill that would be taken up in the Senate if lawmakers came back Dec. 16, said Carrie Lynch, a spokeswoman for Senate Majority Leader Russ Decker, D-Weston.

Sen. Jim Sullivan, D-Wauwatosa, said he and Rep. Tony Staskunas, D-West Allis, had largely worked out the differences in their drunken driving proposals and he expected to announce a compromise next week.

If the Legislature does return in two weeks, Sullivan said he hoped the bill would be passed then.

The Legislature left a number of issues unresolved when it adjourned in November, with the largest being the much ballyhooed strengthening of the state's drunken driving laws.

The Senate and Assembly _ both controlled by Democrats _ each passed their own versions of the bill.

The biggest difference between them was in funding. The Senate bill would have required drunken drivers and other convicted criminals to pay new fees to cover the cost of tougher enforcement. The Assembly bill would not.

Sullivan would not say what compromises have been reached. Staskunas did not immediately return a message for comment.

Both of their original bills would criminalize first-offense drunken driving if someone under age 16 were in the car. Otherwise, it would remain a traffic offense. Wisconsin is the only state in the country where that is the case.

The bills also would make 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.

The proposals also would require 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.

It didn't appear that lawmakers were prepared to tackle other issues, including what to do about Milwaukee schools. Gov. Jim Doyle and some Milwaukee Democrats support an overhaul plan that would give control to the mayor, Democrat Tom Barrett. They argue the change would improve schools and help Wisconsin qualify for part of the nearly $4.5 billion in federal Race to the Top grant money.

But other Milwaukee Democrats have introduced a counterproposal that shakes up the district's leadership but does not give the mayor control.

Doyle's spokesman Lee Sensenbrenner did not immediately return e-mail and phone messages seeking comment.

Wisconsin and Minnesota lawmakers also have been trying to reach agreement on reviving a tax reciprocity deal that allows residents living in one state and working in the other to file one tax return. Minnesota Gov. Tim Pawlenty canceled the deal in September because Wisconsin wouldn't agree to speed up its payments to Minnesota.

It's unclear whether the Assembly would attempt to override Doyle's veto of a bill that would strip the governor of the power to appoint the state Department of Natural Resources secretary and hand it instead to the Natural Resources Board.

The bill's author, Rep. Spencer Black, D-Madison, said Democrats still have to discuss an override try among themselves.

___

Associated Press writer Todd Richmond contributed to this story.

 

The state Senate unanimously voted Thursday (11/5/09) for a historic overhaul of the state's drunken driving laws that would require more drivers to install ignition interlock devices on their vehicles and make some fourth drunken driving offenses felonies.  The bill approved by the Senate mirrors the Assembly bill in many ways.  Both would:

-Make a fourth offense a felony if it occurs within five years of a previous offense. Now, drunken driving isn't a felony until the fifth offense.

-Require ignition interlocks for all repeat drunken drivers and for first-time offenders with blood-alcohol levels of 0.15 or greater - nearly twice the legal limit for driving.  Ignition interlocks don't allow vehicles to start until drivers can show they don't have alcohol in their system by blowing into a device similar to a Breathalyzer.

-Make first-offense drunken driving a misdemeanor if a child younger than 16 is in the vehicle. Wisconsin is the only state to treat first offenses as traffic tickets, rather than crimes. The provision wouldn't affect punishments for those with two or more offenses if they were caught driving with a child in the vehicle.

-Expand statewide a Winnebago County program that gives judges the option of offering reduced jail time to offenders who complete alcohol or drug treatment. Backers say it saves money while reducing recidivism.

-Eliminate a provision that provides lighter penalties for those with a blood-alcohol level between 0.08 and 0.10, compared with those above 0.10. Those with lower blood-alcohol levels would face the same penalties as those of 0.10 or above.

MADD would have liked to have seen them go further. The group supports requiring ignition interlocks for all offenders, making a first offense a crime and allowing sobriety checkpoints.

 
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Thank you for holding my hand through my efforts to help my little brother (charged with OWI 3rd).  Words aren't enough to express my gratitude for everything you did to win his trial.  -J.B.