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Are DUI Laws in Montana Too Weak?

Are DUI Laws in Montana Too Weak?

By KFBB News Team

Story Created: Nov 5, 2009 at 5:19 PM MST

Story Updated: Nov 6, 2009 at 11:40 PM MST

Montana has more fatal DUI’s per capita than any other state in the nation. And authorities say that is because penalties for DUI’s are too weak.

Matt Anderson spends his days cooking at the Great Falls Pre- Release Center. But not by choice. He's doing time for his 4th DUI. Anderson says, “I was at my house and I was drinking beer, and the next thing I know, I woke up in the hospital.”

And the scary part? He doesn't even remember getting behind the wheel. We hear the horror stories all too often. Repeat offenders. Driving under the influence. Cascade County Sheriff, David Castle says, “ Just about everyday in Montana, somebody is seriously injured or killed due to drunk driving.”

Just recently, a Great Falls man was charged with his 10th DUI in the state. Al Recke, who is in charge of the Cascade County DUI Task Force says, “Here in Montana, if you're driving between 10 o'clock at night and 3 o'clock in the morning, chances are there's a vast percentage of those individuals that are driving with you are going to be under the influence of alcohol.”

Some say we need tougher laws and that the current ones have little, if any effect, on curbing drunk driving. Right now, a DUI in Montana is not a felony until your fourth offense. And for each felony DUI-, the maximum punishment is just 13 months behind bars. Sheriff Castle says, “We're not treating somebody with a DUI affliction as dangerous as we would a murderer or somebody committing rape, and obviously they can cause just as much damage.”

And now lawmakers are taking notice. The 2009 Montana Legislature has formed a committee to look into DUI laws and determine what changes need to be made.
Recke recommends three different changes. The first would lower the number of DUI arrests that would result in a felony charge. The second would require all DUI offenders to install an ignition interlock device into their car. And the third? You don't blow into a breathalyser when you are stopped, you are automatically pleading guilty to driving under the influence.

Recke says, “Pay now or pay later. If we put some money into prevention, it's probably going to pay off tenfold.” And Anderson agrees, “If the consequence is minimal, the risk is worth that consequence, if you should get caught.”

The committee is set to meet again this December and come up with a report on DUI laws. They are expected to make recommendations during the 2011 Legislature.

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anonymous said on Monday, Jun 21 at 10:24 PM

I wonder why a person is supposed to take a cab home when drunk. Do cabbies and bus drivers ever get tested? I know for a fact some never do, their bosses don't care, and a person would be safer walking.

dmm said on Friday, Jan 15 at 4:09 AM

Montana needs to stiffen the consequences of DUI. Law Enforcement officers do the best they can with the resources available. Unfortunately the risk of DUI isn't substantial enough to deter DUI drivers. Why would it be so difficult to follow the lead of other states DUI laws? I've personally seen multiple cases where drivers have 4-5 DUI's from other states and 2-3 DUI's in Montana and they are out there driving on our roads, putting our lives in danger,because Montana won't prosecute misdemean

sadtrudi said on Wednesday, Nov 25 at 12:26 PM

Yes the DUI laws in Montana are weak and one county doesn't know what the other county's info about DUIs are. With the technology today a better system should be available. Let's toughen up with the laws and the follow-up on the laws

Montana Native in Kalispell said on Sunday, Nov 8 at 12:03 PM

We need stronger DUI laws now. If you refuse a breathalyser test, it should be an automatic plea of guilty to driving under the influence. What about interlock devices after a first DUI. It works in other states.

mark said on Saturday, Nov 7 at 8:28 AM

I gave the toole county sherrif the name veh plate # and of a man living and working in shelby who is wanted in to states for duii. driving on a suspended and has no insurance and he still hasnt been stopped

Bill Dikant said on Saturday, Nov 7 at 4:51 AM

"Friends don't let friends drive drunk"-------------------------------------------"The Justice System does!"

proud native Montanan said on Friday, Nov 6 at 11:15 AM

The consequences don't match the crime. Until our legislators, judges & law enforcement stop going easy on these potential killers, nothing will change. Maybe the problem is that they don't want to make or enforce a law that they may have to change their lifestyle to obey?!

deputydawg05 said on Thursday, Nov 5 at 8:47 PM

Montana is a joke. Judges, prosecutors and all the good ole boys in the Legislature will never let a person's perceived "right" to drink taken away from them- put up all the billboards you want- Montana is a joke.

breathtester said on Thursday, Nov 5 at 7:13 PM

It shouldn't take very long to substantiate that tougher penalties will deter drinking and driving. Just visit some of your neighboring states

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