Now Jennifer Bukosky, a 39-year-old pregnant high school administrator, and Courtney Bella, her 10-year-old daughter, are dead.

And Mark Benson, a repeat drunken driver, is charged with three counts of homicide by intoxicated use of a vehicle after a crash April 25 in Oconomowoc.

Had Wisconsin intervened more forcefully, before Benson got behind the wheel that day, Bukosky, her daughter and her unborn child would be alive today. And Benson, a former surgeon, would have a chance at rehabilitation.

It 's time for state lawmakers to learn that lesson, before it 's too late for someone else.

It 's time to crack down harder on repeat drunken drivers.

Wisconsin should beef up its efforts to prevent drunken driving and provide alcohol and drug treatment for drunken drivers.

But that 's Job No. 2.

Job No. 1 is to protect the rest of us by keeping repeat drunken drivers off the road. Here are three steps Wisconsin should take:

• Make it a felony, punishable with a stiff prison sentence, to be convicted of drunken driving a third time.

Keeping repeat drunken drivers behind bars is often the only way to prevent them from driving drunk again.

Currently, Wisconsin does not punish drunken driving as a felony until the fifth conviction. The first conviction merely results in a ticket. The second through fourth are misdemeanors, commonly punished with abbreviated jail time that includes work release.

Gov. Jim Doyle provided momentum for change last week when he announced he supports making a third conviction a felony.

• Require the installation of Breathalyzer-type devices connected to the ignitions on the cars of all repeat drunken drivers.

The devices, at the drivers' expense, would prevent the offenders from driving the car while drunk.

In New Mexico, deaths due to drunken driving are down 25 percent since the state adopted a Breathalyzer mandate.

State Rep. Dean Kaufert, R-Neenah, has introduced a mandatory Breathalyzer law.

• Carefully monitor repeat drunken drivers to make sure they do not circumvent prohibitions on driving.

The crash that killed Bukosky and her daughter demonstrates the consequences of Wisconsin 's current, weak laws against drunken driving.

At the time Benson crashed his sport utility vehicle into the back of Bukosky 's car, he was supposed to be settling his affairs before going to jail for his third conviction of driving under the influence of intoxicants.

He had also previously been caught obtaining painkillers with phony prescriptions.

His behavior made it crystal clear that he was a risk.

His sentence was fairly standard for similar cases in Wisconsin -- far too light. He was supposed to get 75 days in jail with work release privileges, a 30 month suspension of his driver 's license, and a $1,900 fine.

The judge took the extra step of ordering Benson 's car outfitted with a Breathalyzer-type device. The law did not require that sanction.

None of that stopped Benson from getting behind the wheel two days later, after popping an estimated nine to 11 painkillers, sleeping pills and anti-anxiety pills.

Without braking he plowed into the back of Bukosky 's car, which was stopped at a red light.

Wisconsin needs to be protected from the likes of Mark Benson. And Benson needs to be protected from his own actions.

Are state lawmakers listening?

Source: Mothers Against Drunk Driving, based on federal data for 2006.

Worst in nation

Wisconsin has the nation's worst record for percent of traffic deaths involving drunken drivers. Here are the best five and the bottom five.

Rank State Percentage

1 Utah 18.8

2 Kentucky 24.3

3 Nebraska 26.0

4 North Carolina 26.9

5 Alaska 27.0

. . . . . . . . . . . . . . . . . . .

46 Louisiana 37.1

47 Hawaii 39.1

48 Montana 39.2

49 South Carolina 40.5

50 Wisconsin 42.1