NCJ Number
109742
Journal
Marquette Law Review Volume: 69 Issue: 2 Dated: (Winter 1986) Pages: 166-215
Date Published
1986
Length
50 pages
Annotation
This study examines substantive offense definitions in Wisconsin's impaired driving statutes and recommends improvements.
Abstract
After an initial study of the various relevant laws, this study analyzes the relationship of the several offenses as they impact on multiple-charge and conviction issues in drunk driving cases. The analysis of offense definitions indicates a need for greater clarity and precision. There should be a uniform definition of the degree of impairment which constitutes being under the influence, and the statutorily recognized intoxicants ought to be made uniform throughout the impaired driving statutes. The precise definitions of 'drive' and 'operate' codified in the general drunk-driving statute and misdemeanor injury statutes ought to be incorporated in the homicide and felony injury laws. The legislature should consider revising the language of the affirmative defense to liability in the homicide and injury statutes. Attention ought to be given to the unit of prosecution allowable when a single act of impaired driving constitutes both a criminal drunk-driving violation and a homicide or injury by intoxicated use of a vehicle. The misdemeanor injury statute should be repealed and recreated as part of the criminal code with a class A misdemeanor designation. 220 footnotes.