Green Bay Press Gazette runs Guest Column: Let driver punishment fit drinking crime
August 17, 2008Wisconsin fines speeders between $30 and $300 depending on how fast they were travelling — the higher the speed, the higher the fine. The rest of the state's traffic violations follow the same theme: The severity of the crime determines the severity of the punishment. But the Green Bay Press-Gazette editorial board is pushing for the Legislature to change that ("The solutions start with each of us," Aug. 3).
Like speeders, there's a big difference between a person driving after two drinks and a drunk who drives after 10. However, the proposal that editorial advocated would force Wisconsin judges to ignore that difference and punish drivers charged with driving just a sip over the limit with the same sentence given hard-core offenders: ignition interlocks.
Ignition interlocks are in-car breathalyzers that measure a driver's blood alcohol concentration (BAC). If a breath sample registers above a preset level, the engine will not start. These devices originally were developed for chronic drunken drivers with extreme alcohol levels.
Proponents of mandating interlocks claim the measure will fight the drunken-driving problem. National statistics, though, prove that the problem has been reduced to a few individuals who severely abuse alcohol and still choose to drive. Mandating interlocks for first offenders doesn't focus on those dangerous criminals.
With an average BAC of 0.19 percent — more than double the legal limit — the average drunken driver in a fatal crash has slurred speech, uncoordinated movements and delayed reactions. That's the scenario many people imagine when we hear about drunk driving. In reality, it only takes one drink to get arrested for operating while intoxicated (OWI) in many states. Even though all 50 states list 0.08 BAC as the legal limit, many law enforcement agencies have adopted the notion favored by the Ohio State Highway Patrol: "There is no absolute 'legal limit' except 'zero.'"
A couple of drafts at a ball game, a glass of wine at an anniversary dinner, a wedding toast or two: Moderate drinking — not enough to render you "impaired," let alone drunk — may soon be all it takes for drivers in Wisconsin to be charged with drunken driving and saddled with an interlock.
Wisconsin legislators should focus legislation and resources on sound, proven anti-drunk driving measures: high-BAC, repeat-offenders laws. The state should ignore ineffective, "feel good" proposals, like first-offender mandates, and to follow the age-old philosophy: Let the punishment fit the crime.