It seems as though a first DUI is no big deal.

Wisconsin is the only state that treats first-offense drunken driving as a forfeiture - and that law should "absolutely not" be changed to make it a crime, said Van Hollen.

"There are a great number of people - people I know personally - who have first offenses," Van Hollen said. "I don't consider them criminals, and I wouldn't want them to be tagged that way for the rest of their lives for having made what can legitimately be called a mistake."

Wisconsin used to treat first-offense drunken driving as a crime, but it was smart to make it a civil violation, Van Hollen said.

"We are able to get more people into treatment because (first-offenders) are more willing to plead to it, when they're not going to be convicted of a crime," he said. "It may be the reason why we have so many of our first-offenders who do not end up being second-offenders."

But Kari Kinnard, executive director of Mothers Against Drunk Driving in Wisconsin, said Van Hollen is wrong and first-offense drunken driving should be a crime. Statistics show that most drunken drivers who kill people have no previous convictions, Kinnard said.

"It's a dangerous, and quite often deadly, behavior - no matter what offense it is," she said. "We need to send a message that this behavior will not be tolerated."

Two legislators are considering a proposal that would make first-offense drunken driving a crime if someone commits a second offense within 18 months of the first. But there is no widespread support in the Capitol for making first-offense drunken driving a crime.

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