| For Immediate Release | For more information contact: |
| February 8, 2001 | Sandra Whalen (651-296-5529) |
(ST. PAUL) -- The threat of jail time, forced chemical treatment and broken family ties may just be the answer to getting repeat drunk drivers off Minnesota roads, said House Judiciary Finance Chair Rich Stanek. Stanek, a Minneapolis Police Inspector and 18-year law enforcement officer, crafted the legislation approved this week in the House Crime Prevention Committee.
The measure will make a fourth drunken driving conviction in 10 years a felony punishable by up to seven years in prison and a $14,000 fine. Under HF 351, an offender who has four DWI convictions within 10 years will be subject to a mandatory prison sentence of at least three years, which may be significantly reduced with completion of a chemical dependency treatment and/or a work release program.
"We've studied every aspect of changing drunk driving laws and found the first step needs to be harsher punishment for those who continue to drive drunk," Stanek said. "Lowering the blood-alcohol level, as the federal government has, will dissuade many people from getting behind the wheel, but stopping the chronic repeat drunk driver is a different story."
Repeat drunk drivers have a propensity to violate law, Stanek said. This, compounded with the attitude that DWI will result in only fines and the equivalent of traffic violations, is not an obstacle for chronic drunk drivers. Stanek's felony DWI bill challenges that behavior with the threat that they will serve time in prison away from their families, friends and jobs. "They will become convicted felons, and that will, without question, change their lives permanently."
During the 2000 Session, a fourth-in-ten felony DWI amendment passed the House as part of the DWI recodification bill. In conference committee, the provision was substituted with the requirement for a study group composed of state, local and county officials. Senate opponents were concerned about unresolved questions about local costs and where to lock up DWI convicts.
That work group made its recommendations to the Legislature in October, including recommendations on setting "look-back" periods, stayed sentences for undergoing treatment, and local costs. Stanek incorporated many of these recommendations in this year's legislation, stressed the value of treatment programs, and found that Moose Lake and Faribault medium- security facilities would be adequate.
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Under current DWI law, after the first violation, the driver's license is revoked for 90 days, but if they plead guilty, it is reduced to 30 days. This is a misdemeanor, with a maximum fine of $700 and 90 days in jail. A driver could face gross misdemeanor charges if their blood-alcohol level is .20 or higher or if a child is in the vehicle.
On the second violation, the license is revoked for 180 days and the license plates on the car are impounded. This, and any additional offenses are gross misdemeanors. Some kind of alcohol assessment or treatment may be required for the individual to get their license and plates back.
A third offense results in license cancellation for one year, pending alcohol assessment or treatment requirements, and vehicle forfeiture. A fourth offense adds the requirement proof of two years of sobriety. Any additional offenses continue to increase the requirements for alcohol assessments and treatment.
The bill was passed unanimously and referred to the House Transportation Policy Committee.
FACTS ABOUT FELONY DWI AND .08
Minnesota's highest penalty for drunk driving under current law is a gross misdemeanor.
Thirty-eight states have felony penalties for DWI, and most impose penalties based upon a combination of two components 1) the number of prior DWI convictions; and 2) the time period within which these convictions occurred. Wisconsin sets increasing fines based on blood- alcohol level after the third offense.
Thirty-two states have .08 BAC laws. MADD Chairman Millie Webb suggests that if all 50 had .08 laws 500 alcohol-related deaths would be prevented this year.
In 1999, 195 people were killed in alcohol related deaths in Minnesota. More than 4,000 were injured.
The Minnesota Department of Public Safety statistics show that 511 Minnesota drivers committed their 5th or greater DWI within 10 years in 1998, and 681 people had 10 or more DWI's on their records.
About 35 percent of those involved in alcohol-related crashes already have impaired driving incidents on their driving record.
According to the Department of Public Safety, numbers of first-time DWI offenses has decreased slightly since 1985, while the number of repeat offenders remains constant. They also note that increasingly more people are caught driving after license revocation.
President Clinton signed the Transportation Spending Bill in October which requires states to adopt .08 by 2004. States that do not pass corresponding laws will lose up to $25 million annually in federal-aid highway funding.
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