Enhanced penalty proffered for repeat drunken drivers who kill someone

Drake Bigler was just 5 months old when he was killed in July 2012 after his family’s vehicle was hit by a drunken driver whose blood-alcohol level registered 0.351, more than four times the state’s legal limit.

Dana Schoen had two previous DWI convictions. He was sentenced to four years in prison, but is already out on work release.

Sponsored by Rep. Chris Swedzinski (R-Ghent), HF71 would increase the statutory maximum penalty from 10 years to 15 years for any criminal vehicular homicide involving impairment or criminal vehicular operation if the offense is committed within 10 years of a qualified prior driving offense.

A prior offense is defined in the bill as:

• first, second or third degree DWI;
• fourth degree DWI involving damage to property;
• careless or reckless driving involving damage to property or resulting in bodily harm or death of another person; and
• criminal vehicular homicide or injury involving impairment.

The bill, as amended, was held over by the House Public Safety and Crime Prevention Policy and Finance Committee Wednesday for possible omnibus bill inclusion. A companion, SF82, sponsored by Sen. Gary Dahms (R-Redwood Falls), awaits action by the Senate Judiciary Committee.

Rep. Chris Swedzinski

“We understand it’s probably not in those people’s interest to kill someone,” said Brad Bigler, Drake’s father. “But at the end of the day when you have repeat offenses and you are making decisions to put yourself in that situation you have no fear. You have no concern or care for anyone else when you put yourself in that situation, especially doing it multiple times.”

“People make mistakes, but when it happens a second and a third time, it’s a choice,” said Heather Bigler, Drake’s mother.

Rep. Brian Johnson (R-Cambridge) said he dealt with too many repeat drunken drivers during his law enforcement career.

“We are tired of the revolving door of dealing with some of these people time after time after time,” he said. “We need something like this to start putting an end to that.”

The change was previously introduced in the House and Senate on March 17, 2014, but was not acted upon before session expired.

However, Gov. Mark Dayton endorsed the proposal in an April 15, 2014, letter to Swedzinski, saying, “There is no excuse for individuals’ choosing to drive while under the influence of alcohol and endangering the lives of innocent people.”

Rep. Jack Considine Jr. (DFL-Mankato) would like to add another stiff penalty for repeat violators.

“When you have multiple offenses and kill somebody, I don’t think it’s unreasonable that they would lose their license for the rest of their life,” he said. “They have continued to endanger the public and have not shown a responsibility to the public at large.”