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Montana DUI Law

Hamilton speakers say DUI laws, Montana culture need to change

05 02.10

In the near half-century that Win Smith has been a Rotarian, he’s always been most proud of that organization’s willingness to take the lead on issues important to the community.

And now Smith hopes the club is willing to take on another major challenge.

Smith presided over a packed house at the weekly Hamilton Rotary meeting as county and state officials talked about the need to change a long-held mind-set and the laws that govern driving drunk in Montana.

“We’re in the midst of a terrible situation in this state,” Smith said. “I don’t believe that there’s a single Rotarian here who wouldn’t do whatever they can to help save lives by working to keep drunk drivers off the road.”

“This is not a once-in-a-while thing,” Ravalli County Sheriff Chris Hoffman said. “We’re dealing with these on a daily basis.”

There’s need for a grass-roots effort from people across the state to work together toward changing a mind-set that drinking and driving is acceptable, Montana Highway Patrol Capt. Tom Hamilton told the group.

People need to voice their support for tougher laws to their legislators. And, just as important, Montanans need to look each other in the eye and not be afraid to tell their family members, neighbors and friends that they are ashamed when those folks get behind the wheel and drive drunk, Hamilton said.

“It’s a societal problem,” he said. “We need groups like the Rotary and the Kiwanis to take an interest and let their voices be heard.”

***

Every year, about 230 people lose their lives on Montana’s highways, Hamilton said. About 90 of those deaths are alcohol-related.

“It’s becoming clear to all that we need some change in our driving-under-the-influence legislation,” said Ravalli County Attorney George Corn. “There’s not going to be one silver bullet. We’re not going to be able to pass one law and fix this problem.”

To make a change that matters will require a comprehensive approach that includes better education, more access to rehabilitation programs and tougher deterrents, Corn said.

An interim state legislative committee is reviewing Montana’s DUI statutes and considering alternative penalties or new technologies that could go a long way in keeping drunks off the roadways.

The committee meets again next week in Helena.

Corn said a variety of ideas being considered could make a real difference, including requiring people with their first, second and third DUIs to check in with law enforcement on a regular basis for a breath test.

“That would create a big fork in the road for many people,” Corn said. “It wouldn’t be about just going and seeing a judge and serving 24 hours anymore. They would have to come in and blow. … A lot of people aren’t going to want to go down that path.”

Corn also would like to see the state find a way to fund a local probation officer for misdemeanors.

The first three DUIs on a person’s record are now considered a misdemeanor. The fourth is a felony.

A misdemeanor probation officer would ensure that offenders complete the programs and follow the conditions of their sentences required by the court. The officer’s wages could be paid from a portion of the fines collected in each county.

Currently, Corn said most of those fines are delivered to Helena.

Corn said there also needs to be a DUI public education drive similar the successful methamphetamine campaign that makes driving drunk socially unacceptable.

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Sen. Jim Shockley, R-Victor, said funding will be tight during the next legislative session and it will be challenging to find money for any new programs.

“It’s about money,” Shockley said. “About 8 percent of the general fund is corrections.”

While people want to solve this issue of drinking and driving, there aren’t many who want to see their taxes go up, he said.

Shockley puts drunken drivers into two different classes.

One has hope for rehabilitation. The other includes those with multiple DUI convictions who decided a long time ago they will not change.

For the latter, Shockley said the state should consider creating a low-cost holding facility where those repeat offenders can be warehoused.

Both Corn and Shockley have seen the Legislature reject proposals that would stiffen DUI laws during past sessions. Both were hopeful that this time might be different.

“I believe we’ve reached a tipping point, if everyone can just keep the pressure on,” Corn said.”

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