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.
On March 8, 6-day old Ceianna Buchanan died while co-sleeping with her mother on a couch. The mother told police she was drunk the night before. On April 5, 3-month old Kymarius Hunt died while co-sleeping on a couch with his grandmother. She had drunk 8 beers during the day. On April 19, 2-month old Tyler Winston died while co-sharing with his mother. On April 25, 6-week old Demetrius Kimble died while co-sleeping with both parents in one bed. His mother had been drinking before bedtime. On May 17, 2-month old Meekel McCleave died while sharing a bed with his mother early Sunday morning. 3 out of 5, would indicate a potential problem to me. The other two may have also involved alcohol or drugs. I don't know if the parents were tested. Co-sleeping is not the only cause of harm to children, by parents under the influence.
Plus no dealership ever checks to see if the person they are selling a car to, or even allowing to test drive a car has a valid license. I know, I got hit by a revoked driver test driving a new cadillac with the salesman in the car with him..... Would have made a great lawsuit had there been any injuries. The culture fosters this problem, laws are weak, punishments are not severe enough. Time to really focus on the issue from all angles to try to reduce the amount of people who are driving impaired.
Seizing a vehicle may be more of an inconvenience than a revocation, but it would be just as easily bypassed. I think an effective punishment would be an absolute sobriety requirement, with daily breathalyzer tests at the local police/sheriff office. Along with other punishments, of course.
buy one. He doesn't want to be responsible for his father hurting or killing someone. The state apparently doesn't care. I'm proud of my son because he does.
Prison is not the end all solution to all of society's problems. If it were we would have the lowest worldwide crime rate, as result of our already having the highest per capita incarceration rate of any industrialized country.
Been on both sides of these troubled waters. I know the heartbreak, I've experienced the destruction first hand, many times. I am one of the Lucky Ones; I escaped alive, with mind still intact and injuring no-one physically. It's near impossible to not affect others psychologically, even if only resulting in hurt emotions; but it likely goes deeper. This may also be where deeper understanding needs searching, when it comes to those who abuse substances. Why are they doing it? Honesty to SELF, the TRUE desire to have a Happy Life and the Realization that All WE Have is NOW, might help some to discover that which will Aid in their recovery and change of life. The hardest part is dealing with all the pain, sadness, shame, anger, guilt and possibly Hate we have been harboring; for some it may be just the lack of compassion, love, respect when it was needed, wanted and or expected. There is Always Hope, as long as we are still breathing, but breathing is not the same as living. And Living inside a bottle of any kind, alcohol, scripts, or illegal drugs is not the same as Being ALIVE.
First Offense: 1 year in jail mandatory, While in jail get psychiatric help for their need to get tanked up. Driver's license revoked for 3 years. Second Offense: 5 years in jail mandatory. While in jail intensive psychiatric re-programming to make them hate alcohol. Driver's license revoked for life. They can hitch a ride or ride a bicycle. Third Offense: 25 years in prison. Fourth Offense: Life in prison. These wretched tasting fermented grains, and fruits are not necessary. Just eat the grains, and fruits. Stop pretending you're cool or tanking up to improve your pathetic personality.
It wasn't long after that that I committed to a healthy lifestyle. I quit smoking cigarettes, I quit drinking, and I stopped eating terrible food. I also got a gym membership. I have watched 5 friends get OWI's,despite my repeated offers none called for a ride. It is a problem. It is acceptable in our culture to have an OWI, whereas in other states it can make you a social pariah. It is almost a prideful slant. The other problem is there is next to zero useful transportation. The last time I called for a cab I waited an hour, paid 40 dollars for a 15 minute ride,and this was on a Thursday. Cab companies would be a very VERY welcomed business in this state, and surrounding area. There simply aren't enough of them. Why not offer some low interest (SBA style, or city backed) business loans to privately create a better transportation system. Less drunks driving, and more jobs for people. Win-win to me.
So why don't they do this? Random police parking lot blockades. Rather than arrest them, they fine them say $100 for every .01 over the limit of .08. Take away their keys and call a cab or provide a bus ride home (at their own expense). To get their keys back, they must go to the police department no sooner than 12 hours (sobering up time). Cars left at the place of infraction would be booted, so they could not be removed from the establishment with a second set of keys. There of course would be stiffer penalties for repeat offenders and those with unusually high BAC levels. If we as a nation wanted to truly put the brakes on runaway alcohol and drug problems, it could be done. How far do we want to go into invasion of freedom and rights?
Milwaukee OWI clients have one of the lowest re-offense rates in all Wisconsin counties, still, IMPACT contends that reducing recidivism and promoting designated drivers addresses only part of a broader issue. The goal of IMPACT’s *stop drinking [SO MUCH] milwaukee* campaign is to help people connect the dots between their risky drinking behaviors and any problems they're having in life. Risky drinkers are more likely to land in the hospital, encounter financial and legal problems, and experience personal crises such as unemployment or divorce. Many people drink beyond what is safe without even realizing it. We want them to get educated about risky drinking limits; to be able to identify a problem before it reaches a crisis; and to know that IMPACT is a reliable resource for information and assistance. To learn more, go to http://www.impactinc.org/impact-awareness/stop-drinking-so-much-mke/