New law changes first offense OWI protocol
BY COURTNEY RYAN - GREEN BAY — Governor Scott Walker signed a new bill into law Monday that changes the protocol when it comes to first offense OWIs.
The Green Bay Police Department pulls over hundreds of people for drunk driving every year.
"This is a huge deal," said Captain Kevin Warych, with the Green Bay Police Department.
In 2015, the department had 653 OWI cases, and this year alone there are already 82, including one fatal incident.
"We need that person to tell their friend, 'hey why don't you take a cab'," Warych said.
Right now, officers can obtain a search warrant for a blood sample starting at the second OWI offense.
Under the new law, officers can do so with a person's first offense.
"The reason for the blood draw is to determine a person's blood alcohol content," said Warych.
"Current structure of Wisconsin law would allow someone to get a refusal ticket instead of a first offense OWI if they refuse to follow through with the process," said Brown County District Attorney, David Lasee.
Lasee says having a blood alcohol level is vital for the prosecution.
This new law will not change the charge for a first offense OWI, but it could be used in any future cases.
"This will allow us to get the evidence in the event that there is a greater punishment that needs to be put in place," Lasee said.
But, some attorneys, like Eric Wimberger, say this law violations a person's constitutional right.
"It appears to me that the legislature is making a deal of exchanging their desire to try and stop OWI first offenses at the expense of your rights under the fourth amendment," Wimberger said.
He added the law could open the door and make it easier for police officers to get warrants without probable cause.
"There is nothing to stop the legislature in the future from affording the police to get warrants for other citation violations," said Wimberger.
The law will go into effect on March 2.