GUEST COMMENTARY: Tougher DUI laws needed for Montana

 By Steve Scott

For the past year politicians have told us why we should vote for them. With the elections over, it's time to ask them to do some things in return.

In Montana the need for more effective DUI legislation seems too often passed over in the legislative session. The reason I hear is Montanans are a fiercely independent people who dislike government incursion. There's nothing wrong with that. But, which makes more sense, laws that make it easier for people to drink and drive and endanger us all, or laws that make a person think twice before climbing behind the wheel after drinking?

According to the National Highway Safety Administration, Montana has a much higher rate of traffic deaths involving alcohol than most other states. Too often it is the innocent bystander who receives the full brunt of this behavior.

The following is a mixture of existing laws which should be enforced more vigorously, and some proposed new laws to get Montana headed in the right direction in reducing DUI. Along with tougher laws, we must educate our youth on the facts about alcohol consumption as early as possible.

From time to time it's reported in the news that another drunk driver has been arrested for their 8th or 9th DUI. People are understandably outraged and question how such inexcusable behavior is allowed to continue.

A good solution would be to mandate drunk driving as a felony on the third offense. The penalty would include increased jail time. Not county time, but state prison time. Also, researchers have found that in-patient rehab treatment is one of the best methods to reduce the re-occurrence of drunk driving. A three-time offender is more than someone using poor judgment, they are an alcoholic. Rehab should be mandatory on the third offense.

Underage drinking and driving also demands action. The newly acquired skill of driving is scary enough. But combined with alcohol, even at low levels, and the situation can be deadly. One deterrent where the penalty needs to be applied more vigorously is the zero tolerance law for underage drivers. When enforced the law is applied without regard to whether the youth is under the influence.

It is illegal to drive with any amount of alcohol in the blood stream. The penalty should include the suspension of driving privileges until age 21 for a juvenile found driving with an alcohol level of 0.02 percent or greater, the equivalent of a single drink in the blood stream.

Mothers Against Drunk Driving (MADD) has begun a national campaign to mandate the use of Alcohol Ignition Interlock Devices.

Interlocks can be installed in any vehicle and require the driver to blow an alcohol-free breath into the device before the car will start. Montana laws allow the use of ignition interlocks.

However, the courts are not consistently ordering the device for convicted drunk drivers. More stringent use is needed for all second offenders as well as first offenders with a high blood alcohol level. They are required to pay for the costs associated with the use of the interlock.

Another DUI statute that needs strengthening is the penalty for refusing to take a chemical test for alcohol. The results of these tests are evidence just like fingerprints or DNA.

The present penalties for refusing the test can be placed on hold until after conviction. The law should be written to mandate that a person's vehicle be impounded upon arrest, and that they spend 24 hours or longer in jail. There is also recent legal precedent for a blood sample to be taken by force when the breath test is refused. This is a step in the right direction, and officers should be given the ability to use the procedure.

Montana remains one of the few states without a primary seat belt law. This means an officer can only issue a citation for not wearing a seat belt when it is in conjunction with another offense.

What's that got to do with drunk driving? One of the first things affected by alcohol is judgment. Drunk drivers often don't use their seat belt because their decision-making is impaired. Besides saving lives, a primary seat belt law would provide a legitimate and logical reason for conducting DUI investigations and getting impaired drivers off the road.

Increasing the fines and penalties for DUI is also a deterrent. The fine amount should be increased to help cover the costs of law enforcement, the courts, prosecutors, and other public safety agencies. A portion of the money should also be used to pay for programs aimed at educating our kids on the dangers of alcohol use.

Let your legislators know that you want to see Montana become a state near the top of the list for DUI, not the bottom. It's time to make Montana's roads safe for us all.

Steve Scott is the chairman of the Gallatin County DUI Task Force. Learn more about the Task Force at gallatinduitaskforce.info.