Last week Friday, Wisconsin Attorney General J.B. Van Hollen said he opposes making first-offense drunken driving a crime and would like state law changed to give judges the option of sentencing second-time offenders to probation rather than mandatory jail time. It’s worth noting Wisconsin is the only state in America that treats first-offense drunk driving as a forfeiture instead of treating a first offense as a crime.
Van Hollen went on to say the current law that treats first-offense drunke driving as a forfeiture should “absolutely not” be changed to make it a crime:
“There are a great number of people – people I know personally – who have first offenses,” Van Hollen said. “I don’t consider them criminals, and I wouldn’t want them to be tagged that way for the rest of their lives for having made what can legitimately be called a mistake.”
Van Hollen also made it clear he opposes legalizing roadside checkpoints and ordering more vehicle ignition interlocks. What’s most disconcerting to me about Van Hollen’s statements regarding drunk driving is that he actually supports lessening the penalty for a second offense OWI, which under current law carries a mandatory jail sentence of 5 days to 6 months behind bars. Van Hollen actually wants to allow judges the discretion to be able to place second time OWI offenders on probation instead of placing them in jail.
It’s about time Wisconsin criminalized first-offense drunk driving, and it’s time that we get tough on repeat offenders, which is why I support making a third or subsequent OWI a felony. It’s time we get serious in regards to drunk driving, because until we do, our state will continue to have far too many tragedies like Jennifer Bukosky, who was killed by a repeat drunk driver.
To say it’s disappointing to hear our state’s “top cop” take a soft approach to drunk driving is an understatement, and I think it’s curious that there hasn’t been much of an outcry (if any at all) from the right side of the Cheddarsphere regarding J.B. Van Hollen’s opposition to stiffer penalties for drunk drivers or his support for lessening the penalty for a second offense OWI.
While I agree that Wisconsin needs to get tougher on repeat Drunk drivers, I do disagree with you that first offenses should be made criminal. It will, for one, over-burden an already criminal court system and two criminalizing the first offense will not reduce drunk driving.
Ken, I guess we’ll have to agree to disagree.
I wonder how in the world other states manage? Why is Wisconsin the only state that thinks criminalizing OWI-1st Offense is a burden?
Let’s face it…most of the people who don’t or won’t support criminalizing OWI-1st Offense are those who have done it themselves or know people who do it…as the AG said in his comments. That is beyond unacceptable.
Also…I find it very interesting on how quiet the right is being on the AG’s comments. Why is that?
Yeah, all I’m hearing from the right is crickets…I wonder why that could be.
The only thing that makes sense to me as to why they (the right) aren’t challenging the AG’s asinine position on drunk driving is because it isn’t politically expedient. That is also beyond unacceptable. We have people being killed by drunk drivers and more needs to be done…and not just when there is a high profile case in the media. That sounds extremely cynical and I apologize but that is the way I see it right now…
(I do have to make an exception…Peter also blogged about the AG’s comments)
Anon…you are not listening to the right places. “The Right” is not happy with Van Hollen for a variety of reason.
The whole topic is being approached wrong, in my opinion. One of the better proposals is making above and below a certain level for first time offenders either a crime or a slap on the hand. But all of that aside, doesn’t it bother people that it’s a big guessing game whether a person is .08 or over? Who knows how that feels or how much alcohol it takes to pass that level. Does any place that serves alcohol even care enough to make cheap $3 disposable breathalyzers available to it’s customers? The profit on beer and booze is enough to make a loan shark blush and the tavern league has too many politicians under their grip.
Steve, I agree wholeheartedly that the Tavern League has far too much influence over legislators here in Wisconsin, but I suppose the same could be said for many special interest groups.
I like the idea of making those cheap breathalyzers available to customers at taverns and bars, though I have to wonder how many folks would actually use them. I’m no expert on why individuals choose to drink and then drive drunk, but I’ve heard more than one drunk driver say they thought there were completely okay to be driving. Someone with that kind of mentality isn’t going to test their blood-alcohol content even if a testing device is made available at their favorite watering hole.
Steve, I couldn’t agree with you more about the Tavern League. I have been thinking the same thing for a long time now.
I don’t know if you are right about the “right”…currently I am very disappointed in both sides for not challenging the AG position on first time drunk/drugged drivers and drunk/drugged driving in general. Aside from Zach and Peter I have not found any other bloggers writing about the AG comments…although I am encouraged by many of the “Letters to the Editor” in the newspapers supporting tougher drunk/drugged driving laws.
I decided to do some more internet searching on the AG’s recent comments and you are right Steve…people are talking about it.
Interesting enough…as I was reading up on Van Hollen I came across an old press release where it states Van Hollen was/is endorsed by the Tavern League.
It’s not surprising to hear that Van Hollen was endorsed by the Tavern League…I’d love to see how long the list of their endorsements is during any given cycle.
Do you go to jail on a first offense? I got a faulty light,PI,OWI. I have no prior record and I don’t like to drink. I just happen to have had a drink one night and a out brake light. Then it all happened. Any information would be greatly appreciated.