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.