Lautenschlager gives emotional apology, takes no questions
0:20 AM 2/27/04
Phil Brinkman State government reporter

State Attorney General Peg Lautenschlager pleaded guilty to drunken driving Thursday and apologized to her family, law enforcement colleagues and "each and every citizen of this state" for what she called a "terrible choice." <

But following an emotional news conference broadcast live to much of the state, she refused to answer questions about the incident in which she ran her state-owned car off Highway 151 Monday night in Dodge County. <

With her husband, William Rippl, standing behind her, Lautenschlager fought back tears Thursday as she owned up to her mistake. <

"There have been countless questions regarding the incident Monday night," Lautenschlager said. "But regardless of the details of the incident, the bottom line is that I made the wrong choice. And for that, I will take full responsibility." <

She described the embarrassment of calling her children and her parents to tell them what happened, and of having the sheriff's deputy, "one of my husband's former law enforcement colleagues," call Rippl, a retired Neenah police officer, to tell him his wife was in the back of a squad car. <

Lautenschlager suggested some good could come from the incident. Since her arrest, she said, several "well-meaning well wishers" have told her, "'But for the grace of God, there go I.'" <

"We cannot tolerate a continued attitude (toward drunk driving) of this sort," Lautenschlager said. "We - I - must work to educate our citizens on the incredible dangers that come with drinking and driving, the responsibilities that come with getting behind the wheel of a car." <

But she left before reporters could ask how she planned to do that, leaving her attorney, Stephen Meyer, to field questions. She did not respond to a request for comment after the news conference. <

Reaction was swift, with supporters praising Lautenschlager for her declaration of guilt. But apologies aside, advocates for stronger alcohol laws said Lautenschlager's arrest was a setback for efforts to change a culture inured to drinking and driving. <

"I'm sure that she's sorry," said Deanna Reilly, president of the Dane County chapter of Mothers Against Drunk Driving. "But she behaved in the same fashion that many other people have who have gone on to kill behind the wheel." <

Meyer wouldn't say whether Lautenschlager, 48, has a problem with alcohol that could interfere with her job as the state's top law enforcement official. But he noted that as part of her plea she has agreed to undergo an assessment for alcohol dependency and follow any recommended treatment. <

Meyer insisted Lautenschlager's initial comment at the scene - that she had had just two glasses of wine at least two hours before the incident - was truthful, despite a preliminary breath test showing her blood-alcohol level at 0.12 percent, 50 percent above the state's legal limit of 0.08 percent. <

He noted the particular type of test used is not admissible in court because it's not as accurate as a blood test, which Lautenschlager refused. <

Asked whether he was saying his client wasn't drunk, Meyer said, "I'm not saying (that). She pled guilty to the OWI (operating while intoxicated)," Meyer said. "Ability to operate the motor vehicle was impaired, and that's the bottom line." <

"The mistake ... whether it is a half a glass, one glass, two glasses, is to drink alcohol and get in your vehicle with the keys and turn the ignition," he said. <

Lautenschlager also was on pain medication for a ruptured vertebra, which may have amplified the effect of the alcohol. <

Meyer declined to answer questions about whether Lautenschlager, who earns $127,868 a year, would agree to any administrative sanctions such as giving up a portion of her pay. The Democratic attorney general said Wednesday she had no plans to resign. <

Lautenschlager mailed her plea to Dodge County District Attorney Steven Bauer late Wednesday and it was accepted the next day, Bauer's office confirmed. Lautenschlager directed Meyer not to challenge any penalties related to the arrest and her subsequent refusal to submit to a blood test, which carries its own penalties. <

As a result, she has paid a $784 forfeiture and her driver's license has been revoked for one year. She can apply for an occupational license, which would allow her to drive to and from work, but must wait at least 30 days, Meyer said. <

Because it was her first drunken-driving offense, Lautenschlager faced only civil penalties. <

The penalties are harsher than those received by most in her circumstance, Meyer said. Often, drivers who refuse a blood test will plead guilty to driving drunk in exchange for having the additional penalties for not taking the test dropped. <

Under that scenario, Lautenschlager could have had her license revoked for six to nine months and could have applied for an occupational license immediately. <

Also Thursday, the Dodge County Sheriff's Department released a video of the traffic stop. Nine of the department's 29 patrol cars are equipped with cameras, which are routinely used to tape traffic stops. <

Lautenschlager wasn't injured and she apparently hadn't hit anyone before her car spun off the highway near Columbus around midnight Monday. On the tape made shortly afterward, Sheriff's Cpl. Paul Nell asked Lautenschlager how long she had been waiting in the ditch. <

"I don't know. Frankly I'm very tired right now," she is heard to say. <

Nell's report says Lautenschlager's speech was slow and deliberate, and her eyes were glossy and bloodshot. She said she had had two glasses of wine at 9:30 that evening at a Madison bar, later identified as The Public House, 380 W. Washington Ave. <

Nell said Lautenschlager faltered in some of the field tests, including failing to smoothly follow a penlight with her eyes and stepping slightly out of line a few times while walking heel-to-toe in dress boots. <

Some of the mistakes were evident on the tape, although she didn't generally appear wobbly or unstable and didn't slur her speech. <

Informed her initial blood alcohol level was 0.12 percent, Lautenschlager said, "No, I couldn't be." <

Dodge County Sheriff Todd Nehls said Lautenschlager never demanded or received special treatment because of her position, and the tape appears to bear that out. At one point, however, as Nell starts to handcuff her, Lautenschlager can be heard saying, "Here's the deal: I'm the attorney general" but the rest of the statement is unclear. <

State Democratic Party officials came to Lautenschlager's defense Thursday. <

"Attorney General Lautenschlager did today what many people and politicians have avoided doing in the past - she took responsibility for her actions," party chairwoman Linda Honold said in a statement. <

But Republicans are certain to exploit the video in future ads against Lautenschlager. State Republican Party officials on Thursday also requested copies of all records relating to her use of state vehicles since she was elected in 2002. <

"The question is regarding the use of a state vehicle on clearly personal time and engaged in illegal activity," said Republican Party spokesman Chris Lato. "If a state employee does this they can face a wide range of punishments, including being fired." <