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FRI., FEB 20, 2009 - 1:41 PM
Wisconsin Senate Majority leader opposes some drunken driving legislation under consideration
MARK PITSCH
608-252-6145

Senate Majority Leader Russ Decker said he opposes key elements of legislation under development that would crack down on drunken driving across the state, although his chamber would give them consideration.


The Weston Democrat said in an interview Wednesday that making a third drunken driving offense a felony would be "too severe," while allowing sobriety checkpoints is undemocratic.

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"I just don't think stopping somebody without just cause is the way for us to work in a democracy," he said.


On third offense drunken driving, Decker said, "You could get one at 20 (years old), one at forty, and one at 60. That spans 40 years. Does that make you a felon? No."


A spokeswoman for Decker later clarified that the Senate leader would support making a third drunken driving offense a felony if three charges occurred within a shorter time frame, such as 10 years as opposed to 40 years.


Currently in Wisconsin, a fifth drunken-driving offense is a felony and the state doesn't allow police to set up sobriety check points.


Decker also expressed skepticism about requiring ignition locks for the vehicles of drunken drivers, saying judges have failed to exercise the discretion they now have to impose them. And he said criminalizing a first drunken-driving offense, now a misdemeanor, would cost taxpayers money at a time the state is facing a $5.4 billion budget shortfall.


But he said Senate Democrats will take a look at those and other ways to combat drunken driving.


Kari Kinnard, executive director of the state chapter of Mothers Against Drunk Driving, said a bipartisan group of lawmakers is working on several bills to combat drunken driving, including those allowing checkpoints and requiring ignition locks, which she said would be most effective.


A "groundswell from society" is demanding state lawmakers get tougher on drunken drivers, and Decker will hear from them, she said.


"I think he's going to feel a lot of pressure," Kinnard said of Decker. "We'll feel some resistance from him but he'll feel a lot of pressure."


Decker said more attention needs to be paid to repeat drunken drivers. But Kinnard said, "Historically that's what Wisconsin's done and it doesn't work."


Decker's comments come amid increased attention on drunken driving in the state, but raise questions about whether the Legislature will change drunken driving laws in the 2009-2011 session, which begins next week.


Last year, Gov. Jim Doyle signed a bill that increased penalties on repeat drunken drivers.


Wisconsin's Gannett newspapers and the Milwaukee Journal Sentinel have published series on the state's drinking culture and its relatively lax drunken driving laws.


And a UW Health-led coalition is urging the state to revamp drunken driving laws.


Rep. Jeff Wood, I-Bloomer, was arrested last month for drunken driving, bringing even more attention to the issue. He is among several lawmakers, including Decker, who have at least one drunken driving arrest.


Doyle, a Democrat, has said he supports making third offense drunken driving a felony, spokesman Lee Sensenbrenner said. Doyle also would sign a bill requiring ignition locks if the Legislature passed it, Sensenbrenner said, and he would consider supporting legislation criminalizing first offense drunken driving and allowing for sobriety checkpoints so long as they aren't discriminatory.


Incoming Assembly Speaker Mike Sheridan, D-Janesville, said in a statement:


"We have been called to action on this issue by our constituents, and plan to take action in the session ahead. Assembly Democrats will meet in January to discuss our package of bills, to address the problem of drunk driving. We will consider stiffer penalties for drunk drivers, innovative probation programs, including ignition interlock devices, support for educational and rehabilitation programs and other proposals. I feel it is critically important that we pass thoughtful legislation; we have to get this right the first time. The stakes are high, with public safety on the line."


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