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Drunken driving divides critics

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by Dan Powell

Monday, September 4, 2006

Along the hard-fought road for attorney general, the issue of criminalizing first-offense drunken driving has emerged as a divisive issue among the candidates regardless of party affiliation.

Republican candidate Paul Bucher and Democratic candidate Kathleen Falk have landed on the same side of the issue, both advocating the criminalization of first-offense drunken driving.

"Most drinking drivers involved in fatal and serious injury crashes have not been previously convicted of any [operating while intoxicated] related offense," said Bucher, who is the district attorney of Waukesha County, at a press conference in Middleton Aug. 24.

Bucher cited a Department of Transportation study that found from 1991 to 2002, 75 percent of the 10,447 alcohol-related crashes in Wisconsin involved first-offense drunken drivers.

Wisconsin is currently the only state in the country where a first offense is only an ordinance violation and not criminal, and Bucher said that could be remedied by "making the penalty of first-offense drunk driving a fine rather than simply a forfeiture."

In an interview with The Badger Herald, Falk said she agreed, adding there would be a potential of jail time based on the judge's discretion and the circumstances of the violation. She also noted that as county executive, she has pushed — and would continue to push as attorney general — options, or "menus," of what local sheriffs and judges can do in response to nonviolent drug and alcohol offenders.

Along with advocating criminalization of first-offense drunken driving, Bucher and Falk have also advocated police checkpoints to curb drunken driving.

"These would be sobriety checkpoints with a very targeted approach, not a random stopping of cars," Falk said. "On nights like New Year's Eve is a prime example, but on Saturday mornings at Sentry grocery store I don't think we need them."

But J.B. Van Hollen, the other Republican candidate in the race, said he opposes Bucher and Falk's position.

"I do not favor new laws that treat repeat drunk drivers the same as first-time offenders," Van Hollen, who did not return repeated phone calls, said in a release. "I also oppose the Falk-Bucher push for mandatory random roadside traffic stops … I believe they take away the presumption of innocence; clearly reflect a liberal, big-government philosophy; and are not a wise use of scarce law enforcement resources."

Van Hollen added, "Vigorous enforcement and tough sentencing are the keys to cracking down on drunk driving."

Though the attorney general position is that of top cop in the state, incumbent Democrat Peg Lautenschlager told The Badger Herald that the attorney general does not have direct power to affect issues such as criminalizing drunken driving.

"This, historically, is a DOT and Highway Safety issue," said Lautenschlager, who was convicted of a DUI in 2004. "However, given the magnitude of the problem, it is fair to say it merits serious concern and review by the Legislature and within state government."

Lautenschlager went on to address Bucher's belief in strong data evidence.

"What our focus should be is to look at the empirical data and create a methodologically sound strategy to best deter drunk driving from happening," she said.