OWI Arrests Down Over Five-Year Period: What Does It Mean?

Recently, I read a news report showing a five-year trend with a 49.5 percent decrease in Menomonee Falls OWI arrests from 2007 to 2012. The numbers revealed that, in 2007, suburban police departments in Milwaukee, Racine, Waukesha and Ozaukee made 5,578 arrests for drunk driving and in 2012 that figure dropped to 3,868 representing a 30 percent decline.

While this news is certainly positive, with such statistical analysis we need to ask questions like what does it all mean? What has changed? What kind of conclusions can we draw from these raw numbers? Though police, legislators and experts may not agree on the exact reasons for the decline, they do agree that drunk driving remains a persistent problem in Wisconsin and across the country.

Those who favor tougher drunk driving laws will like argue that OWI arrests are down because we’re getting tougher on drunk drivers and we need to continue in that direction. Others say that because of lower funding for saturation patrol or law enforcement, there are fewer police on the roads and we’re just not arresting enough people. Still others will point to public service announcements about the dangers of drinking and driving and say those announcements are working and more people are taking the problem seriously.

Then, there is the economic factor.  People tend to drive less when they have a lower income and gas prices are on the rise. This could contribute to the lower drunk driving arrest figures.

In reality, it’s hard to draw exact conclusions from the statistics and I don’t honestly know if there’s a way to prove that law enforcement or the threat of penalty is reducing the number of drunk drivers. However, this is obviously the perception that police and lawmakers would like to emphasize. The OWI laws in Wisconsin changed in 2010 and there is a renewed push to make the penalties even tougher.

While there are several different views about why these numbers reflect a downward trend in drunken driving arrests, the report gives us yet another opportunity to focus on this serious problem and how it can be better approached. In addition, people who re-lapse in their habit of drinking and driving, have yet another wake-up call. It may help people who are binge drinkers or alcoholics to realize that effective treatment programs and abstinence are the best ways to avoid danger and stay out of trouble.

Reports like this may help change the drinking culture a bit, reducing the glorification of binge drinking and then foolishly getting behind the wheel. I would like to think that lower arrest numbers are an indication that our culture is changing in this regard, especially for our youth. Perhaps the laws are getting tougher to the point where maybe people are thinking twice before putting themselves and others at risk. Finally, maybe they are beginning to realize that law enforcement has more effective tools to enforce the laws that are in place.

Wisconsin has always had a strong drinking culture and, with our summer festival season in full swing we like to party hardy.  The timing of this reminder is excellent. With the warmer weather comes more fun in the sun.  Keep in mind that laws have changed and the consequences for an OWI first offense are stiffer.  Depending on your blood alcohol level, you could have an interlocking device placed in your vehicle and you could lose your driver’s license for a significant period of time.

If you drive with a person under 16 in the vehicle, the penalties increase because that’s a misdemeanor in Wisconsin. If you’re a repeat drunk driver and have a minor in your vehicle, that’s considered facility. If you get involved in an accident the stakes are astronomical depending on the injuries that are caused. You could be charged with a felony.

When in doubt, even if a cab costs $100 you will always be better off getting that ride home and not trying to drive yourself. Getting pulled over for an OWI is very serious business and we all need to treat it that way.

About Attorney Mark Powers
Attorney Mark Powers is a partner at the criminal defense law firm of Huppertz & Powers, S.C. in Waukesha. Previously, Powers served as an Assistant District Attorney with the Waukesha County District Attorney's office and is currently serving as a municipal judge in North Prairie. He focuses in the area of criminal defense, and has handled many cases involving operating a motor vehicle while intoxicated, domestic disputes, and drug offenses.

Powers attended Valparaiso University School of Law, where he received his Juris Doctorate. Prior to law school, Mark attended the University of Wisconsin, Lacrosse where he received his bachelor of science in Political Science.

For more information, please call 262.549.5979 or visit www.waukeshacriminalattorneys.com.