JARED MILLER Star-Tribune capital bureau | Posted: Tuesday, March 4, 2008 12:00 am
CHEYENNE - For the second time this session, the state Senate has defeated an effort to crack down on repeat drunken drivers.
On a 16-14 vote Monday, the Senate killed House Bill 73, which would have made it a felony to receive three drunken driving convictions in seven years, or five convictions in a lifetime.
The bill also would have strengthened the penalties for second DUI offenses and made it optional for judges to require alcohol assessments for first-time offenders.
The House earlier passed the bill on a 54-6 vote, and the Senate Transportation, Highways and Military Affairs Committee endorsed the bill 9-0 last week. But the Senate killed the bill with almost no debate Monday.
"The Senate seems not to favor bills of that nature," said Rep. Erin Mercer, the bill sponsor, noting that the Senate has killed similar legislation over the last several years.
Sen. Tony Ross, R-Cheyenne, the only senator to speak against the bill Monday, said he was shocked that the bill died after his testimony.
Ross raised questions about a provision in the bill that would require judges to impose a mandatory 60-day jail sentence for second-time DUI offenders - a provision Ross said he opposed.
"My intent was not to kill the bill," said Ross, who last year sponsored a bill that made it illegal to drive with open containers of alcohol.
Mercer said she heard little opposition to the legislation, and said she believes the Senate simply hasn't been convinced that stiffer penalties are required.
"I think it's just part of how government tends to work," said Mercer, who sponsored a similar bill last year. "It works slowly, and the Senate is a very deliberate, methodical body."
Mercer said if she carries the bill next year, she will bring more data to support the need for tougher penalties.
Her testimony this year centered on the fact that drunken driving convictions in Wyoming increased 26 percent between 2002 and 2007, from 3,480 to 4,387.
She also pointed out that the number of fourth-time drunken driving convictions increased from zero in 2003 to 36 in 2006.
The bill received support from various law enforcement agencies. Wyoming Highway Patrol Col. Sam Powell showed up in person to testify in favor of the bill in committee.
Toni Reichenbach, director of Mothers Against Drunk Driving in Wyoming, said Monday she was disappointed by the Senate vote. She pledged to push for similar legislation in the future.
"MADD really believes that we need to have tougher penalties for repeat DUI offenders," Reichenbach said.
Under current law, drivers can be charged with a felony if they receive four drunken driving convictions in five years.
Earlier in the session, the Senate killed a bill that would have made it a felony to receive a third DUI conviction in seven years. That bill, Senate File 75, failed to receive the two-thirds vote required for introduction during a budget session. The vote was 17-13.
Reach capital bureau reporter Jared Miller at (307) 632-1244 or at {M3jared.miller@trib.com.