Lautenschlager: AG's alcohol level was 0.12 (Wisconsin Democrat - Won't Quit)

Capital Times ^ | 2-25-04 | Steven Elbow

[Indy Pendance]

A breath analysis showed Wisconsin Attorney General Peg Lautenschlager's blood alcohol content at 0.12 percent after she ran off a highway in Dodge County Monday night, and she told the arresting officer she had taken a muscle relaxant earlier in the day.

According to Dodge County sheriff's deputies, Lautenschlager ran off the road as she was en route from Madison to her home in Fond du Lac at about 11:45 p.m. She was not injured.

Lautenschlager's breath smelled strongly of alcohol and her eyes were bloodshot and glassy, a police report said.

The incident began when Columbus Police Officer Mark Handel said he clocked Lautenschlager traveling about 30 mph in a 65 mph zone on U.S. Highway 151 about 11:25 p.m. Monday, according to Handel's report. Lautenschlager, 48, slowed to about 15 miles per hour as she passed Handel's patrol car, forcing the line of cars traveling behind her to come to a stop, according to Handel's report.

Handel caught up to Lautenschlager's car and watched it go into the ditch just north of Highway 73 in the town of Elba. He then called the Sheriff's Department because he was out of his jurisdiction.

Lautenschlager told the deputy she had a couple glasses of wine at a Madison tavern, consuming her last one at about 10 p.m. She also said she had taken a tablet of the muscle relaxant Flexeril at about 4 p.m. Flexeril, which has a therapeutic cycle of about eight hours, can enhance the effects of alcohol.

After failing several sobriety tests, the deputy administered a breath test that measured Lautenschlager's blood-alcohol content at 0.12. The state's legal limit is 0.08.

Lautenschlager then refused a blood test, saying she wanted to speak to her lawyer, according to the police report. She later agreed to the blood test but was told too much time had passed and her refusal would remain on the record.

Her husband, William Rippl, a retired Neenah police officer, was subsequently called to pick her up.

Lautenschlager was cited for first-offense drunken driving, a civil citation, and handed a $784 fine. She could also lose her license for between six and nine months.

If found guilty of refusing a blood test, Lautenschlager's license will be revoked for one year and she will be ordered to undergo alcohol counseling. A conviction on her refusal would also mean a conviction on the drunken driving charge.

Dodge County Sheriff Todd Nehls said Lautenschlager was cooperative during her contacts with officers. He said she was treated no differently because of her position and that she asked for no special treatment.

Lautenschlager issued a statement to Justice Department employees Tuesday apologizing for the incident.

"I am sorry to tell you that I made a terrible mistake last night," she wrote. "While driving home, I fell asleep and drove off the road, and was subsequently cited for operating a vehicle while intoxicated. I wish to apologize to each and every one of you for the negative impact my actions might have on the department and the public's perception of this fine institution. I am extremely embarrassed about this and know that I have disappointed many people who have put their faith in me. I wish to thank the officers of the Dodge County Sheriff's Department for their professionalism in handling this matter. I accept the consequences of and will take responsibility for my actions."

[Indy Pendance]

Wisconsin Attorney General Cited for Drunken Driving Says She Won't Quit

The Associated Press Wednesday, February 25, 2004; 5:34 PM

CHICAGO -- Wisconsin's attorney general said Wednesday that she has no intention of resigning over a drunken driving arrest.

Peg Lautenschlager was arrested and cited late Monday night after she drove her state car off the road and into a ditch.

"I don't have any plans to resign," Lautenschlager told The Associated Press after testifying at a federal hearing on mercury pollution in Chicago. She said she would make a full statement Thursday.

Lautenschlager was cited for first-offense drunken driving, which is a civil violation in Wisconsin, and her license was revoked for her alleged refusal to submit to a blood test. She was also fined $784.

If convicted of refusing to take a blood test, Lautenschlager could lose her license for a year and have to undergo alcohol counseling.

Lautenschlager said Gov. Jim Doyle hadn't asked her to step down. The governor has no authority over her because she is an elected official.

Doyle, like Lautenschlager a Democrat, called Lautenschlager's arrest "a serious offense" Wednesday.

"The real story is going to be told now in how she responds," the governor said. "And I think people understand there's such a thing as redemption and somebody who works hard and does the right thing and takes the steps necessary to ensure it never happens again, I think that's what you have to do."

[curmudgeonII]

She'll get off lightly.
After all, she's a Democrat.

[Indy Pendance]

.

[Extremely Extreme Extremist]

BISKUPIC BUMP

[Indy Pendance]

"And I think people understand there's such a thing as redemption and somebody who works hard and does the right thing and takes the steps necessary to ensure it never happens again, I think that's what you have to do."

Yeah, if it was a Republican, you can be sure it would be plastered all over the news, with no redemption possible. (pun intended)

[SC DOC]

Maybe Lautenschlager was drinking

[Xenalyte]

Wow, you were SO right on that other thread. She's bound to quit because she said she'd accept the consequences of her actions, and no one ever lies (except Kobe Bryant).

[gnarledmaw]

Drinking on top of drugs...

[Chris Talk]

If she had been a Republican, there would not have been any such thing as redemption.

She is probably one of those who impose these ever more severe restrictions on us citizens, but if THEY fall afoul of them, they of course rely on their connections to get off lightly.

Laws are NOT made for the benefit of those subject to them, but for the benefit of those who impose them.

[Timm]

If found guilty of refusing a blood test, Lautenschlager's license will be revoked for one year and she will be ordered to undergo alcohol counseling. A conviction on her refusal would also mean a conviction on the drunken driving charge.

This second sentence suggests that a refusal to submit to a test results in an automatic DUI conviction. Is that right? Are there any cheeseheads who know the law in WI who can explain?

And, before someone responds in this way, yes, I understand that WI provides for an administrative suspension of one's license for a year, plus some other penalties, if one doesn't submit to a blood/breath/urine test. That is a distinct matter from a DUI conviction, though. In most states, one's refusal can be used as evidence of DUI, and perhaps even presumptive evidence. I don't see how state law can provide for a automatic conviction of a crime on the basis of refusal to produce evidence of that crime.

I see the article claims that DUI is a "civil violation" in WI, at least for first-time offenders. Is that true? Is that how a "conviction" can be obtained for failure to produce evidence?

If anyone knows the details, I'd appreciate them.

[Clintonfatigued]

If she were a conservative Republican, the 'Rats would be calling for her impeachment.

[lawdude]

""The real story is going to be told now in how she responds," the governor said. "And I think people understand there's such a thing as redemption and somebody who works hard and does the right thing and takes the steps necessary to ensure it never happens again, I think that's what you have to do.""

Rush! Care to respond?

[mafree]

Either her MD or pharmacist were negligent in cautioning her about mixing alcohol with the pill she took or she forgot or didn't care. Any way you slice it, she should pay according to the law just like anyone else. I'd like to see her quit but unless there's a recall or she's tossed out in the next election it ain't likely.

BTW, did ya know that she's had 4 prior speeding tickets? (That's 3 more than I've had) Don't recall hearing about those during the campaign.

[Chummy]

As I understand, Timm, OWI first offense is a civil violation, but refusing to submit to the more detailed testing following field sobriety tests is a separate offense.

Motorists in Wisconsin drive with what is known as "implied consent."

[af_vet_1981]

Wow, you were SO right on that other thread. She's bound to quit because she said she'd accept the consequences of her actions, and no one ever lies (except Kobe Bryant).

Why are you following me ?

There are so many perps out there you can follow instead. I'm not your type. Really.

[Xenalyte]

You make me yawn.

[af_vet_1981]

You make me yawn.

It would never work.

I don't even like Xena.

I consider her pagan, superficial, uneducated, etc.

[VeniVidiVici]

"While driving home, I fell asleep and drove off the road, and was subsequently cited for operating a vehicle while intoxicated.

She could've redeemed herself if she said, "After getting severely toasted, I was a dumbass and attempted to drive home. Subsequently, I drove off the road while going 15mph and ran into a ditch." But, no, she had to lie.

Democrats don't resign - only Republicans do. I'm still not sure if that makes us the party that actually has morals and convictions, or if we are really just a collection of idiots.

[Criminal Number 18F]

Wow, just a fine and a loss of licence? To me the serious thing is the Cyclobenzaprine (Flexeril) abuse. It is a powerful drug, NOT to be combined with alcohol. If she was taking that and drinking she is probably a pretty heavy abuser of prescription drugs.

Cyclobenzaprine is a powerful muscle relaxant. It's often given for joint pain, soft tissue damage, tendinitis. The standard boilerplate on the package from your pharmacist will say, "do not drive or operate machinery." And there are extremely strict cautions against combining it with alcohol. For most people it's not a problem because it slows them down enough to put them right to sleep.

The interactions are listed as: "Alcohol and other CNS [Central Nervous System] Depressants potentiated." What that means is it makes the effect of booze much more powerful. The booze also enhances the drug. If you were to take a Flexeril and then go boozing, you would feel like you were going 70 when you were only going 30 (like our Peg). And if you needed to react to anything, your arms would be too rubbery to turn the wheel and legs too rubbery to work the brakes.

And then, why do you want to take this stuff in the first place: "adverse reactions are drowsiness, confusion, dizziness, weakness, fatigue, headache, hypotension, nausea, etc..."

This lady is a serious and extreme drug abuser... the people of Wisconsin are probably not safe unless she turns in her licence for good, or does a good inpatient rehab (30 days or so). Otherwise she's gonna do it again. It was blind luck she didn't kill anyone... she had no more control over that car than if she was in the back seat.

d.o.l.

Criminal Number 18F

[Walkingfeather]

oh I hope she keeps up the prideful stance... you see she will be a political embarrasment then she will resign. its perfect