Governor signs bill on repeat DUI offenders

Gov. Steve Bullock signed Attorney General Tim Fox’s bill aimed at cracking down on repeat DUI offenders on April 26.

House Bill 355, sponsored by Rep. Christy Clark, R-Choteau, will create more of a deterrent in Montana law and get more offenders into successful treatment programs, Fox explained.

“The simple fact is that Montana has a real problem when it comes to driving under the influence of alcohol,” Fox said. “I’m pleased legislators in both parties stepped up to the challenge and passed my bill. This new law will make our highways safer by deterring repeat offenders.”

Currently when a repeat offender spaces DUI convictions out by five years or more, subsequent offenses are counted as a first offense. This is allowed until the offender reaches a fourth lifetime DUI, which always counts as a fourth offense and is a felony.

The new law also allows judges to look back 10 years to add penalties for a second DUI. Additionally, a third DUI will always count as a third regardless of how long ago it occurred.

Fox said he believes the new law will get more repeat DUI offenders into Montana’s successful 24/7 Sobriety Program. Entrance into the program requires two or more DUIs.

In just a few years, results from the 24/7 program shows that 97.8 percent of participants provide breath samples free of alcohol. His office is working to expand the program into more Montana counties over the next two years.

 “I interact with local law enforcement officials on a regular basis, and I hear one message consistently — 24/7 works and is an effective tool for combating drunk driving,” Fox said. “HB 355 will enable our justice system to get more people into this successful program, get more Montanans the help they need, and help make our roads safer.”

HB 355 received bipartisan support, passing in the House by 78-20 and in the Senate by 38-12. The legislature also passed HB 168, sponsored by Rep. David Moore, R-Missoula, which established a tetrahydrocannabinol (THC) impairment standard, for marijuana users. HB 355 and HB 168 were the only major DUI bills to pass in the 2013 session. Both were priorities for Fox.