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Driving drunk enough times can land you in prison Fourth conviction in decade prompts 13-month sentence for Medford man By Chris Bristol A Medford man who admitted he had seven beers before climbing behind the wheel of his car has been sentenced to prison, the latest motorist ensnared by a tough new Oregon law meant to crack down on repeat drunken drivers. Roy Gene Bennett got 13 months under the law, which was passed by the 1999 Legislature. The law, which took effect Dec. 31, makes a fourth DUII conviction in 10 years a felony punishable by a mandatory sentence of at least 13 months in prison. It counts prior convictions anywhere in the United States, including boating under the influence and even flying (an airplane) under the influence. The new law represents a major shift in public policy. Before, drunken driving was always treated as a jail-only misdemeanor � regardless of prior record. "You could have had 10 convictions and you would not have gone to prison," explained prosecutor Tim Barnack, a Jackson County deputy district attorney. "Those days are over." According to the National Center for Policy Analysis, 1.5 million motorists nationwide were arrested for drunken driving in 1997, a decline of 18 percent since 1986. Over the same period, the number of drunken drivers on parole, in jail or in prison increased from 270,000 to 513,000. But in Oregon, despite across-the-board reductions in crime, nearly 23,000 arrests for drunken driving were made in 1999 � an increase of 1.4 percent, according to the state Law Enforcement Data System. Jackson County contributed 1,581 arrests to the state�s 1999 total, according to LEDS. Almost half the arrests, 635, were made by Medford police. Figures on convictions were not available from the DA�s office. And drunken driving continues to represent a real threat to other motorists. According to the Mothers Against Drunken Driving, 43 percent of 538 traffic fatalities in Oregon in 1998 involved alcohol. MADD�s figures were derived from federal transportation statistics. For Bennett, a 38-year-old heavy equipment operator, the difference between jail or prison was a matter or timing. On the night of March 24, Bennett was stopped for speeding and making a wide turn at the intersection of East McAndrews and Biddle. Police said he admitted drinking seven beers but refused to take a breath test. It was his fourth arrest ending in conviction in 10 years � barely. Bennett was convicted twice in 1990 (in May and July) and once again in 1993. Barnack said he felt "somewhat" sorry for Bennett, given the defendant�s apparent relapse after seven years of conviction-free driving and his obvious struggle with alcoholism. "It�s a disease, but it�s a dangerous disease," the prosecutor concluded. "It�s just something we have to do. I don�t want drunks driving on the street, and most people feel the same way." Bennett�s attorney, public defender Lisa Greif, said many of her clients have heard "rumblings" about the new law. Meanwhile, Jackson County judges have begun routinely warning DUII defendants that they will go to prison for a fourth conviction in 10 years. "It�s too soon to see what kind of deterrent the law will have," Greif said. "Everyone�s trying to get the message out there." She said she, too, feels a bit sorry for Bennett, partly because she has clients with far worse driving records � including at least one who has nine DUIIs � and because he is not a violent criminal. His problems with the law stem solely from his driving record. "I think if you saw him walking down the street, you would never suspect he was going to prison," she said. "He�s been trying to get on with his life, so it�s kind of sad." The judge gave Bennett until Sept. 1 to put his affairs in order and report for custody. His 3-year-old daughter turns 4 next month, shortly after he goes in. Obituaries | Sports | Business | Classifieds | Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA