From the Milwaukee Journal Sentinel:
Reacting to a fatal crash that is shining new attention on the state's drunken driving laws, Gov. Jim Doyle said Wednesday that a third conviction for intoxicated use of a vehicle should be made a felony, and a bipartisan group of legislators called for tougher penalties for repeat offenders.
The statements came in response to an accident April 25 in which Jennifer Bukosky, 39, her unborn child and 10-year old daughter, Courtney Bella, were killed when a sport utility vehicle slammed into the rear of their car.
Mark Benson, a former surgeon who faces three counts of homicide by intoxicated use of a vehicle, was under the influence of pills, authorities say. Two days before the accident, Benson stood before a Waukesha County judge on a third drunken driving offense.
Benson has a history of drug and alcohol abuse dating back to at least 1993, according to court records.
He was sentenced on April 23 to 75 days in the county's work release jail, but was given until May 9 to report there, with orders not to drive in the meantime.
"Since my days as a prosecutor, I have pushed for tough drunken driving penalties. A third offense should be a felony. The only way to protect the public from multiple offenders is to keep them off the streets," Doyle, the former attorney general, said Wednesday in a statement.
Also Wednesday, four legislators - two Republicans and two Democrats - called for revocation of driving privileges and confiscation of vehicles for people convicted of a third offense of driving under the influence.
They also said the law should prevent an individual convicted of a third offense from getting behind the wheel of a vehicle again by sending the person directly to jail.
"Just turning up the heat on our current DUI penalties a little more won't do it," Rep. Bob Ziegelbauer (D-Manitowoc) said.
"Immediate, permanent confiscation of the vehicle, any vehicle driven after a revocation by multiple DUI offenders will be the kind of game changer we need."
The group of legislators included Rep. Joel Kleefisch (R-Oconomowoc), whose district includes the crash scene, and who is chairman of the Assembly Criminal Justice Committee.
...The legislators, including Sens. Jeff Plale (D-South Milwaukee) and Alberta Darling (R-River Hills), said they plan to begin drafting the legislation while working closely with members of the Bukosky family, who are expected to testify in favor of the bills when a hearing is scheduled.
Wisconsin is far too lenient when it comes to punishment for the intoxicated use of a vehicle.
The current law has repeat offender built into it. Five strikes is ridiculous.
Seizing cars and jailing offenders is costly. So what?
If that's what it takes to ensure the public's safety, then that's what it takes.
Locking up Mark Benson is not enough. What we need is change.
...[Waukesha County District Attorney Brad] Schimel said he doesn't disagree with making third-offense drunken driving a felony, but said Wisconsin taxpayers need to recognize that it will require more resources.
...Schimel contends that the focus should be on prevention and treatment.
I agree with Schimel that prevention and treatment is important.
But it's not wise to gamble on hoping that offenders are treated successfully. It's a risk to assume they've managed to change their habits.
They're a deadly threat to innocents, like Jennifer Bukosky and her two daughters.
When it comes to prevention of such tragedy, it means taking the potential killers off the street.
No excuses.
Lawmakers need to enact legislation that protects the public from these repeat offenders. They can save lives.
