The student news site of Marquette University

Marquette Wire

The student news site of Marquette University

Marquette Wire

The student news site of Marquette University

Marquette Wire

Attorney general charged with DUI

    Wisconsin's state attorney general faces significant fines and a license revocation after being arrested for operating a vehicle while intoxicated.

    Attorney General Peg Lautenschlager, 48, was found Tuesday morning after allegedly driving her car into a ditch in Dodge County. According to the sheriff's report, she was asked by a deputy sheriff to complete field tests and failed several, including the "walk and turn" and "one leg stand" tests.

    The subsequent preliminary breath test revealed a blood alcohol level of 0.12, which is 0.04 higher than the state limit of 0.08, according to the report. The results of the breath test, though, are not admissible in court, according to Todd Nehls, sheriff of Dodge County, because the test is not certified and does not provide foolproof evidence. A person's blood alcohol level can be affected by a their height, weight and body composition, Nehls said, which makes the initial breath test less accurate.

    Lautenschlager was arrested shortly after midnight and brought to the Dodge County Sheriff's department, where she refused to submit to a blood test that would more accurately determine her level of intoxication.

    Lautenschlager's refusal of the chemical test is a state charge, according to Thomas Hammer, associate professor of law, which will bring additional penalties to her original county charge of OWI.

    A "very substantial monetary penalty" is what Lautenschlager will likely confront, Hammer said. In addition to a $150 to $300 fine for being a first-time OWI offender, she also may face a significant surcharge and other fines.

    Both charges will force the revocation of Lautenschlager's license, Hammer said, but she will have the opportunity to obtain a permit for the commute from her Fond du Lac home to the Capitol in the interim.

    Lautenschlager was apparently driving home after spending time at the Public House, a tavern in Madison, and consuming "a couple glasses of wine" with friends, according to the report. The deputy who arrested Lautenschlager said there was physical evidence of intoxication, such as slow, deliberate speaking and bloodshot eyes.

    Before Lautenschlager was appointed attorney general in 2002, she garnered four traffic fines between 1995 and 2000. All fines, including one issued in Dodge County, were for speeding violations.

    Wisconsin is the only state that does not require jail time or criminal sanctions for first-time OWI offenders, a distinction that may factor in to how Lautenschlager's career will be affected, said Jill Budny, visiting instructor of political science.

    "In a state like Wisconsin, where the population seems more tolerant of drunk driving, the implications for her career would be less disastrous," Budny said.

    Lautenschlager's offense, though, may still be criticized by some.

    "There does seem to be a double standard toward women drinking alcohol," Budny said.

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