Time to Get Serious about Wisconsin’s OWI Laws

In Wisconsin we have earned the reputation for being a culture steeped in alcohol and much of it can be traced back to our Central and Eastern European roots. In any case, we have some of the laxest alcohol statutes to be found in the U.S., including the OWI laws. Since so many people don’t take the responsibility for drinking responsibly and then driving, it’s time to redo the statutes and put some real teeth into them.

In the first place, our OWI consequences are much too lax and fail to give a serious message to violators. Every time a challenge is made to the alcohol culture, whether it’s increasing the state alcohol tax, the drinking age, hours for the sale of alcohol, bar and tavern hours, OWI reform, legal intoxication levels, etc; the alcohol special interests go ballistic. Remember when we almost had our federal highway funds cut off when we resisted to lowering the intoxication level from .10 to .08. Even smoking bans in bars and taverns created such a stir that the Tavern League put up a horrendous fight, since smoking and alcohol consumption are so closely linked and they feared that it would cut directly into their patronage. Therefore, since we will be unable to change the basic alcohol culture, then we are left to only one device; tighten the OWI laws.

When I say tighten, I mean put them where they should have been all along. Here are my suggestions:

First OWI under 0.15 BAC

Conviction:

• Class A misdemeanor
• Fine up to $10,000
• Jail up to 9 months
• License revocation – one year mandatory
• Application for Occupational License – 180 days from conviction
• Mandatory drug and alcohol education course
• Loss of the ability to purchase a vehicle while under license revocation
• Loss of the ability to purchase a firearm while under license revocation and loss of a conceal carry permit

First OWI 0.15 and over BAC

• Class I felony
• Fine up to $10,000
• Jail up to 3 1/2 years
• License revocation – two year mandatory
• Application for Occupational License – 1 year from conviction
• Mandatory drug and alcohol education course
• Loss of the ability to purchase a vehicle while under license revocation
• Loss of the ability to purchase and posses a firearm
• Vehicle equipped with IID after reinstatement of license or reinstatement of occupation license

Second OWI

• Class H felony
• Fine up to $10,000
• Jail up to 6 years
• License revocation – 5 year mandatory
• Application for Occupational License – 1 year from conviction
• Mandatory drug and alcohol treatment
• Loss of the ability to purchase a vehicle while under license revocation
• Loss of the ability to purchase and posses a firearm
• Vehicle equipped with IID after reinstatement of license or reinstatement of occupation license

Third OWI and subsequent OWI violations

• Class E felony
• Fine up to $50,000
• Jail up to 15 years
• License revocation – lifetime mandatory
• Application for Occupational License – not applicable
• Mandatory drug and alcohol treatment
• Loss of the ability to purchase a vehicle
• Loss of the ability to purchase and posses a firearm

It is not my intent to place any kind of prohibition on the use of alcohol; but, we have to take decisive action against those who drive intoxicated. Making the consequences for OWI more stringent will hopingly impact those planning their next night out and will decide to find alternative means of transportation if they plan on becoming intoxicated.