Lautenschlager cited for drunken driving

Wisconsin State Journal ^ | 2/24/04 | Dee J. Hall and Richard W. Jaeger

[Wally_Kalbacken]

JUNEAU - Wisconsin's top law-enforcement officer, Attorney General Peggy Lautenschlager, was arrested for drunken driving early Tuesday morning after she ran her state-owned car into the ditch on Highway 151 in Dodge County. <

Lautenschlager, who refused to speak to reporters, acknowledged in a written statement that she was cited for drunken driving after she "fell asleep" while behind the wheel. The attorney general was not hurt, but the car received minor damage from hitting a snowbank just north of Columbus. <

In a preliminary breath test given at the scene, Lautenschlager's blood-alcohol level registered 0.12 percent, or 50 percent above the 0.08 legal limit, according to a report from the Dodge County Sheriff's Department. However, Lautenschlager refused a blood test. <

The Democratic attorney general was handcuffed and placed in a sheriff's squad car. She was released to the custody of her husband, William Rippl, a Neenah police officer, who came from their home in Fond du Lac to pick her up shortly after 1 a.m. <

Lautenschlager's first court appearance in Dodge County is scheduled for 1:30 p.m. March 29, although she could resolve the charge by paying a fine before then, Dodge County Sheriff Todd Nehls said. The case has been turned over to Dodge County District Attorney Steven Bauer. <

In a statement issued Tuesday to her employees at the state Department of Justice, Lautenschlager, 48, apologized, saying she made a "terrible mistake." <

"While driving home, I fell asleep and drove off the road, and was subsequently cited for operating a vehicle while intoxicated," the statement said. "I accept the consequences of and will take responsibility for my actions." <

If convicted of first-offense drunken driving, Lautenschlager could be fined $785 and lose her driver's license for six to nine months. In a separate action, she could lose her driver's license for one year and face other penalties for refusing to take the blood test. Even if she loses her license, Lautenschlager could petition for an occupational license that permits a limited amount of driving. But her refusal to submit to a blood test could work against her, Nehls said during a press conference. <

Kari Kinnard, head of Wisconsin's Mothers Against Drunk Drivers (MADD) chapter, said the arrest of Wisconsin's "top cop" is a "devastating blow" to her group's efforts to reduce drunken driving. Wisconsin Sheriffs and Deputy Sheriffs Association spokesman Jeff Wiswell expressed his group's support for Lautenschlager, calling her a "good attorney general" whose "heart is in the right place." <

UW-Madison political scientist Donald Downs said Lautenschlager's arrest could be exploited by political opponents when she faces re-election in 2006, and her behavior will be scrutinized by the public. Fellow Democrat Gov. Jim Doyle said the arrest is "a serious offense" but, "I expect her (Lautenschlager) to be forthright about what happened (and) to indicate what steps she's going to take not to have it happen again." <

Said Doyle: "I have known Peg for a long time, and I'm sure she will look at this and do the right thing." <

Lautenschlager joins a growing list of Wisconsin public officials arrested for drunken driving in recent years. In August, the head of the state Department of Transportation's safety office, John H. Evans, was convicted of operating while intoxicated. In August 2002, just after being elected president of the UW Board of Regents, Guy Gottschalk acknowledged and apologized for driving drunk in March 2002. Several lawmakers also have been arrested for drunken driving, as has Dane County Circuit Judge Moria Kreuger in 1997. <

# Nina Emerson, head of the Resource Center for Impaired Driving at the UW-Madison Law School, said the string of drunken-driving arrests of prominent Wisconsin figures shows, "It (drunken driving) is an entrenched behavior in our state. I don't think it's really considered a big deal in Wisconsin."

32 in a 65 zone The incident began around 11:45 p.m. Monday as Lautenschlager was driving the state-owned 1999 Buick from Madison to her home in Fond du Lac. According to the sheriff's report, police Officer Mark Handel was running radar on Highway 151 west of Highway 73 when he noticed a car, later identified as Lautenschlager's, traveling 32 miles an hour in the 65 mph zone. He said as the vehicle approached him, it slowed down to 12 to 15 mph, causing traffic behind it to slow or come to a stop. <

One of the drivers following Lautenschlager's car stopped and told Handel she saw the car swerving all over the road and that she was afraid to pass it. That driver, Rita Damon, of Fall River, told the officer: "You need to stop that vehicle. It's all over the road." <

Handel then followed Lautenschlager's car traveling north when the car swerved to the right and ran into the ditch. Handel said when he asked Lautenschlager if she was hurt, he smelled the odor of alcohol. He said Lautenschlager acknowledged having a couple of drinks earlier in the evening with friends. <

According to WISC-TV (Ch. 3), Lautenschlager was at the Public House Restaurant and Bar on West Washington Avenue, a couple of blocks from her Capitol office. <

At that point, Dodge County Sheriff's Cpl. Paul Nell took over the investigation. Nell reported Lautenschlager told him she pulled over to the side of the road because she saw a car coming. When he asked her where she was going, Lautenschlager responded, "That way." <

"I smelled a strong odor of intoxicants coming from her breath and she was slow and deliberate with her speech and her eyes were bloodshot and glossy," Nell wrote. "I asked her if she had anything to drink this evening and she stated she had a couple of glasses of wine." She said her last drink was around 9:30 or 10 p.m. She also said she had taken an asthma medication about 4 p.m. <

After failing some field sobriety tests and registering 0.12 percent on the preliminary breath test, Lautenschlager was arrested at 12:15 a.m. <

According to the report, Lautenschlager initially refused to provide a blood sample, saying she wanted to speak to her lawyer first. Nell said he informed her she wasn't entitled to a lawyer at that time. After refusing two more times, Lautenschlager agreed to submit to the test, but Nell informed her it was too late because 15 to 20 minutes had elapsed from his first request. Lautenschlager also declined to answer further questions without her attorney, the report said. <

Her lawyer, Stephen Meyer of Madison, declined to comment on the case except to say that Lautenschlager's treatment was "no different than what any other resident of the state of Wisconsin has been accorded in similar circumstances." <

Nehls, a Republican, agreed, saying Lautenschlager acted "politely and professionally" and "did not ask for any preferential treatment and did not receive any." <

Lautenschlager was elected attorney general in 2002 after serving nine years as the U.S. attorney for the Western District of Wisconsin. She also was a state representative from 1988 to 1992 and served as the Winnebago County District Attorney from 1985 to 1988. Her husband is a police officer as is one of her two stepchildren. Lautenschlager also has three children. <

Downs said if Lautenschlager "stands up to it, and conducts herself well, then I think she can minimize" the impact of the arrest. <

State Journal reporter Patricia Simms contributed to this report.

[Wally_Kalbacken]

This may have been posted yesterday - but I really have to repost it and note that no one is asking for her resignation. Ugh! 

Were this a Republican AG....well, wait a minute, were this a Republican AG - it wouldn't be a woman of such an undistinguished background and lack of respect for the law... so maybe this couldn't happen to a Republican AG - but if it had, the calls for resignation would be a cacophony.

[billorites]

"Lautenschlager"

That's some sort of beer, right?

[speedy]

I think it is now!! Right up there with Olde Frothingslosh and Blatz.

[Honcho Bongs]

Lautenschlager is going to have a press conference tomorrow morning about her drunk driving charge.

It's nice to know we have a pill popping drunk for an AG in Wisconsin.

Local (liberal) press is giving her a pass on this. Good thing for her she's not a Republican.

I wonder what normally happens to a state employee who damages a state car while driving drunk? I wonder if she'll even bother to pay for the repairs?

[Dog Gone]

I can't speak for Wisconsin, but for most state-wide offices in this country, this would be a killer for the next election.

[yooper]

"She was released to the custody of her husband, William Rippl, a Neenah police officer, who came from their home in Fond du Lac to pick her up shortly after 1 a.m."

Strange. Last I heard DUI was an automatic night in the slam. Special treatment?

[yooper]

"But her refusal to submit to a blood test could work against her, Nehls said during a press conference."

Strange. Last I heard, refusal to submit to a BAT was grounds for automatic revocation of your license. Special treatment?

[gnarledmaw]

How did the original reports of flexaril usage become some "athsma medication"?

[Chummy]

"Lautenschlager"

That's some sort of beer, right?

Yep, made by the Lautensch family, beer barons of some renown. Coupla swigs of Lautenschlager Light and you're in a ditch alongside the road to "that way", breaking the law and hopin' for a pass.