Natrona County Sheriff Mark Benton plans to revisit his jail's policy governing the release of drunken suspects after a Wyoming legislative committee killed a bill that would have required drunken drivers to sober up before their release.

"It is far too important," Benton said Monday afternoon. "We can't just have these people leaving incarceration under the influence. And we need guidelines to keep that from happening."

The Natrona County Detention Center now holds drunken driving inmates until they sober up - unless they post bond and someone accepts responsibility for them. The sheriff has said he isn't sure whether he has the authority to hold someone who's already posted bond.

Benton and Casper Police Chief Tom Pagel pushed for the legislation after Casper resident Jeff Irene suffered massive injuries after he was dragged underneath a sport utility vehicle in December. Authorities say the SUV's driver, Doug Downs, was arrested on suspicion of drunken driving a few hours before the incident. Prosecutors have charged Downs with aggravated assault and driving under the influence causing serious bodily injury.

The Senate Judiciary Committee rejected the legislation Monday. Committee Chairman Tony Ross, R-Cheyene, said his committee recognized a number of drafting problems with the bill.

For example, the bill attempted to amend the state laws dealing with drunken driving. But members of the committee, several of whom are lawyers, said the bill might better be located in the section that covers rules for bailing prisoners out of jail.

Simply moving the bill to another section of the law would be nearly impossible at such a late date in the short budget session, Ross said.

Another issue, Ross said, was potential constitutional problems that might result from forcing prisoners to submit to a sobriety test.

The bill would have required accused drunken drivers to see a judge or pass an alcohol breath test before their release from jail. Current state law allows the right refuse a breath test, a tactic sometimes used as part of a defense in court.

If they submit to the test, "have they incriminated themselves?" Ross said.

The committee also questioned the level of sobriety prisoners would be required to obtain before their release.

The bill, as submitted by Sen. Bill Landen, R-Casper, stipulated a blood alcohol content, or BAC, of .02 percent. Others wanted a BAC of zero before release. It is illegal to drive in Wyoming with a BAC of .08 percent or higher.

Finally, Ross said, cost was a factor.

Sen. Bob Fecht, who is Cheyenne's police chief, pointed out during committee deliberations that the bill would mandate increased jail time. That would mean higher costs for communities that rent space in county jails.

"The thinking in the committee was there needed to be more information before we could do a good job," Ross said.

Despite the defeat, Landen said the bill helped spark a dialog about drunken driving in Wyoming.

"Even though the bill did not pass, I think we have at last been forced to look at ourselves in the mirror, and it has raised the level of awareness," said Landen, who pledged to continue working on the legislation.

"There's a lot of things about drinking and driving that our state still has to come to terms with," Landen added.

Lawyers for Irene applauded lawmakers for exploring the subject.

"We think it is a very good idea for the legislature to look at this issue," said attorney Todd Ingram, whose firm, Clapp and Associates, was hired by Irene's family. "Obviously, releasing an individual who is under the influence and who's judgement is impaired can have dire consequences. It is a difficult issue, but one worth talking about."

Ingram and attorney Larry Clapp suggested future legislation should make a successful alcohol breath test a mandatory condition of bond for alcohol-related offenses.

In lieu of the legislation, Ingram encouraged local officials to examine how other counties handle the issue.

"If those jurisdictions have implemented workable policies to provide similar protections to what the legislation we are talking about would provide, then we would encourage them to take a hard look at implementing those policies," Ingram said.

Reach Jared Miller at (307) 632-1244 or at jared.miller@trib.com. Reach Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com.

Irene moves out of ICU

Jeff Irene, the Casper man who suffered critical injuries while being dragged under a sport utility vehicle in December, has been moved out of intensive care, his lawyer said Monday. Irene continues to be treated at Wyoming Medical Center, where he's been weaned from a ventilator and begun communicating with family.

His family has launched a Web site, www.jeffirene.com, to keep the community updated on his condition. Members of the public are invited to post comments and well wishes on the site.