Opinion: Editorial
The drive of shame
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Also by Badger Herald Editorial Board:
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- The People's Choice Award: Jacqueline Hitchon et. al (May 7, 2009)
- The Lifetime Achievement Award: ASM (May 7, 2009)
- Honest representation (May 5, 2009)
- Junger for ASM Chair (May 5, 2009)
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In a recently released study by the Department of Health and Human Services, more than 26 percent of Wisconsinites ages 18 or older reported driving under the influence of alcohol in the previous year. This figure topped the nation, and far exceeded the national average of 15 percent.
A couple caveats must be said about this data. It relied not on any official statistics but rather respondents’ reporting of their own behavior. And a few may have interpreted the wording of the survey question — asking respondents if they had driven an automobile while “under the influence” of alcohol — to mean any alcohol at all, as opposed to enough to be over the legal limit of a .08 blood-alcohol concentration.
Nonetheless, it is hard to view the study as anything but an embarrassment to Wisconsin. This state’s drinking culture is deep-rooted, and it certainly isn’t going away anytime soon. For the most part, that’s fine — there’s nothing inherently problematic about a person 21 years of age or older consuming alcohol.
But drunken driving simply has no place in this tradition.
The state needs to take a serious look at its DUI laws. Wisconsin is the only state in the nation that does not criminalize first-time drunken driving offenses. Instead, first-time offenders are subject to a civil forfeiture and possible license revocation — no walk in the park, to be sure, but not as severe as in other states.
Wisconsin treats recidivists more harshly, but even then less severely than many states. A person must commit five drunken driving offenses before the state treats it as a felony.
These laws are too lenient given the reality of drinking in Wisconsin. The study should be yet another wake-up call to the Legislature. If more than a quarter of the state isn’t discouraged from driving under the influence in a single calendar year, something needs to change, and in this case the statute book is the best place to start.
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If you choose to booze, you lose!
This is not meant in any way to say “drinking and driving is ok”. Because it isn’t. However, our laws based upon drinking and driving don’t actually hit at the true problem with drinking and driving.
The biggest problem with drinking and driving isn’t that the alcohol slows your reaction time. Driving tired slows your reaction time as well. The big problem is it inhibits your judgment, and makes it so that people think racing that jerk in the other lane or going 65 in a 30 is a good idea.
Honestly, as someone who has drank and drove, the flat .08 standard is problematic, and not just because its .08. It’s because driving perfectly is considered probable cause for a DUI pull over. It’s because whether I’m driving perfectly at a .08 (which is just a couple of beers) or going 10 or 15 mph at .15 (which is a good number of beers), my punishment is the same.
As I said, I’m not advocating for drunk driving, as it is definitely a bad thing that causes a lot of problems, including horrible injuries and deaths of innocent bystanders. I’m just curious if there could be a more productive statutory scheme in doing what DUI laws are meant to do: Protect people. Of course, considering the massive lobbying power of both the alcohol industry and MADD and related groups, this is unlikely to happen.