Capitol Connection
By Senator Joe Leibham
October 30, 2009
Seeking Input on Drunken Driving Proposals
Over the past couple of months, the legislature has had an in-depth, bi-partisan discussion about our current drunken driving laws and what could be done to strengthen them. Now, the Democratic majorities in both the Senate and Assembly have advanced two bills that will most likely come before the full legislature over the next couple of months. As I review the proposals, I would appreciate your input on the concepts that seem to be advancing.
The two bills addressing the operation of a vehicle while intoxicated are Senate Bill (SB) 66 and Assembly Bill (AB) 283. The provisions in each closely mirror each other and seek to make many substantial changes to our current drunken driving laws. Some of these proposed changes are:
- Make fourth-offense drunken driving a felony. This bill would also increase the fine for a fourth offense to $600 - $10,000 from the current fine of $600 - $2,000.
- Mandate ignition interlock devices for the vehicles of repeat drunken drivers and first-time offenders with a blood alcohol content of higher than 0.15 percent.
- Allow other counties to participate in a Winnebago County pilot program that allows second- and third-time offenders to spend less time behind bars if they successfully complete treatment. Drivers can only use the option once.
- Make a first-time offense (currently a municipal violation) a criminal misdemeanor if a child under 16 years of age is in the car. This bill would increase the fine for a first offense from the current $300 - $600 to $350 - $1,100.
Much discussion has focused on how these new provisions will be funded. Costs will be incurred to administer these new laws and to pay for the additional incarceration of violators in our state prisons or jails. Fiscal estimates for the new provisions range from $15 million to $30 million, depending upon the proposal.
AB 283 proposes to designate the first $10 million generated by the current $2 tax on a barrel of beer to cover these costs. SB 66, however, proposes to generate the necessary funds by:
- Increasing the state liquor tax – The current tax of $.85 per liter would increase by 50¢ to $1.35 per liter.
- Increasing the criminal actions fee – Current law mandates a $20 surcharge paid by a person convicted of any crime. This bill increases the surcharge to $163.
- Creating an ignition interlock device surcharge – A $50 surcharge would be levied whenever a IID restriction is ordered.
Recent discussions have focused more on increasing criminal assessments on individuals who break these laws and on individuals who have had their driver’s license suspended or revoked.
I would appreciate your thoughts on the proposals. While the final bill may change over the next couple of days, your input on the general direction that the legislation seems to be heading would be helpful. I strongly believe we must strengthen our drunken driving laws, but I also believe that the offenders of these crimes should be the ones responsible for paying the added costs – not general taxpayers or responsible consumers.
I look forward to your constructive input.
As always, it has been a pleasure communicating with you. Please remember to communicate with me and share your input by calling 888-295-8750, writing to me at P.O. Box 7882, Madison, WI 53707-7882, or by e-mailing me at Sen.Leibham@legis.wi.gov. You can also log on to the 9th Senate District on-line office at www.leibhamsenate.com.
It is an honor representing the residents of the 9th District in the State Senate.