New OWI laws go into effect in Wisconsin on Sunday, January 1st. Even though Wisconsin will remain the only state where a first offense OWI is just a civil violation---similar to a speeding ticket or a no seat belt ticket---the new law makes a fourth offense a felony punishable by up to six years in prison regardless of when it is committed. Under the current law it has to be committed within five years of a third offense. Other changes in the law include increases in maximum sentences for offenses beyond the fourth.
While the state of Wisconsin is perceived---by some---to be lax when it comes to impaired driving, Guida Brown (pictured) Executive Director of Kenosha's Hope Council on Alcohol and Other Drug Abuse, points out that Kenosha County is doing a great job helping those with substance abuse disorders understand their disease and provide support to them. At a news conference on Thursday she explained that since 2011, her agency---which assesses OWI offenders in Kenosha County to determine education or treatment---has been using direct biomarker testing using fingernail samples. She said these tests do not ascertain casual use, instead---and more importantly---they detect heavy drinking and/or other drug use. "The kind of use that those who get three or more OWI offenses are most likely to participate in." And, since 2014, the agency issues people with one or two offenses---deemed in need of treatment---abstinence orders requiring the biomarker testing to determine their compliance. Failure to complete a one year Driver Safety Plan---in compliance---causes a loss of driving privileges until they test negative. She explained that the fingernail testing is unique because, unlike other traditional tests, these tests guage whether a person has been drinking or using other drugs heavily in the past several months instead of just the past day or two.
Among the highlights of the Hope Council's groundbreaking biomarker testing program: 93% of those who completed the biomarker program had NOT been rearrested with a new OWI offense for up to four years after starting the program. Also, because of the testing, the agency's assessors can quickly intervene when someone relapses. Additionally, Brown says there is significant savings to taxpayers. "An average overnight stay in jail costs $120 in Wisconsin," she said. "Repeat OWI offenders can get up to one year in jail at a cost to taxpayers of around $30,000. Our fingernail testing costs only $500 annually---and---is paid in full by the driver."