Drunk Driving Bills Could Cost State $236 Million

Some state Republican Legislators want to toughen the laws for habitual drunk drivers and first-time drunk drivers if they cause an injury or killed someone, but the price tag for those laws could cost taxpayers up to $236 million, according to a story in the Wisconsin State Journal.

Rep. Jim Ott (R-Mequon) and Sen. Alberta Darling (R-River Hills) have introduced six bills to the Senate and House. The bills would:

• require first time drunk drivers to appear in court
• carry stiffer fines and penalties for offenders
• set minimum jail time requirements after multiple convictions
• require the state to seize the cars of third-time offenders.

Because of the jail time provisions, the state expects to have to build 17 facilities that would each house 300 people.

"A fiscal estimate from the state Department of Corrections put the cost of the bill regarding third and subsequent offenses at between $169 million and $204 million annually. Other agencies also weighed in, predicting higher costs," according to a blog by Bill Lueders of the Wisconsin Center for Investigative Journalism.

Lueders wrote:

Ott has said he considers these estimates unrealistic. (Mark) Grapentine and (Bob) Delaporte don’t make that claim, but Delaporte says Darling’s office has asked the Legislative Fiscal Bureau to look into whether the estimated costs of a previous toughening of the laws in 2009 were “realized.”

Scott Stenger, longtime lobbyist for the Tavern League of Wisconsin, notes that his group has supported bills to increase penalties for habitual offenders, but is skeptical about adding penalties for first-timers, “the vast majority of whom never have another offense."

According to a story by the Wisconsin State Journal, there were fewer alcohol-related crashes and fatalities in Wisconsin in 2011 than in prior years. However, Wisconsin still has the highest number of drunk driving incidents in the United States.

Here’s a summary of what’s been proposed:

Drunk Driving Assembly Bills that have twin bills presented in the Senate

Assembly Bill proposal 67

A person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity therewith is required to appear in court to plead guilty, no contest, or not guilty to the charge.

Assembly Bill proposal 68

A person who commits a first OWI offense with an alcohol concentration of 0.15 or greater is guilty of a crime and may be fined not less than $350 nor more than $1,100 and imprisoned for not less than five days nor more than six months. The bill also increases the penalty for a second OWI offense to a fine of not less than $500 nor more than $1,500, imprisonment for not less than ten days nor more than six months, or both.

Assembly Bill proposal 69

If the injured party was a passenger in the person's car, a court may sentence the person to less than the minimum if the court finds that the best interests of the community will be served and that the public will not be harmed. If the court sentences a person to less than the minimum, the bill requires the court to put its findings in writing. The bill eliminates the doubling provisions for causing an OWI-related injury that results in bodily harm or substantial bodily harm and eliminates the opportunity for a reduced sentence in exchange for completing a period of probation that includes drug or alcohol treatment.

Assembly Bill proposal 70

A person who causes the death of another by operating or handling a vehicle while under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in his or her blood, or with a prohibited alcohol concentration, must be sentenced to imprisonment and his or her period of confinement must be at least ten years. Under the bill, if the decedent was a passenger in the person's car, a court may sentence the person to less than the minimum if the court finds that the best interests of the community will be served and that the public will not be harmed. If the court sentences a person to less than the minimum, the bill requires the court to put its findings in writing.

Assembly Bill proposal 71

A person who commits a third OWI offense is guilty of a Class H felony and the person must be fined not less than $600 and must be imprisoned for not less than 45 days. A person who commits a fourth OWI offense is guilty of a Class H felony and the person must be fined not less than $600 and must be imprisoned for not less than 60 days. A person who commits a fourth OWI offense within five years of a prior offense is guilty of a Class G felony and must be fined not less than $600 and imprisoned for not less than six months. A person who commits a fifth or sixth OWI offense is guilty of a Class G felony and the person must be fined not less than $600 and must be imprisoned for not less than six months. A person who commits a seventh, eighth, or ninth OWI offense is guilty of a Class F felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than three years. A person who commits a tenth or greater OWI offense is guilty of a Class E felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than four years.

Assembly Bill proposal 72

If a person commits a third or subsequent OWI-related offense, the sentencing court may also order that the vehicle used in the offense be seized. If a seizure is ordered, the district attorney prosecuting the offense must then initiate a forfeiture proceeding regarding the vehicle. The seizure and forfeiture provisions in this bill do not apply to a rental vehicle or a vehicle that was operated without the knowledge or consent of the owner.