New, stricter laws helping curb DUIs
A host of new drunk driving laws came
into effect recently in Montana.
The Whitefish Police Department has
started using these laws to curb intoxicated driving and enforce
stricter rules for those already convicted of a DUI.
The new laws are a good start, said
Police Chief Bill Dial.
The 2011 Legislature passed several DUI
bills. One law allows officers to get a search warrant to obtain a
blood sample for suspected DUI, another creates an aggravated DUI
offense, a third creates a 24/7 sobriety program and the fourth
creates increased penalties for DUI per se offenders. The new laws
went into effect this spring and summer.
Dial said he recommended a number of
changes in DUI laws to the Legislature. Some of those suggestions
were more severe than what was eventually passed, but he’s happy
with the new laws.
“They’ve taken some steps — albeit baby
steps — to prevent further DUIs,” he said.
The first law allows for a search
warrant to be issued for blood samples if the offender refuses a
breath or blood sample or if the person has a prior conviction or
pending offense for a DUI.
The law looks to close a loophole that
allowed a person suspected of DUI to refuse a sample. Knowing the
blood alcohol level is important for judges in determining
sentencing and for prosecutors in determining what actually
happened in the case.
Dial said Whitefish is already using
the new law, noting that it assists officers in proving a driver
was under the influence.
“Once we have the blood as evidence all
there is to prove is that we had probable cause to make the stop,”
he said. “With video cameras in the cars that’s pretty easy.”
Law enforcement is still prohibited
from pursuing a warrant if the suspect has no previous DUI
conviction and has never refused to provide a sample.
A second law establishes the offense of
aggravated driving under the influence. A person can be charged
with the offense if they have committed either a DUI or DUI per se
and has a blood alcohol content greater than or equal to 0.16, the
person was under ignition interlock restriction or has their
driver’s license was suspended.
Dial said the aggravated DUI forces
greater scrutiny for those who already have two or three DUIs.
“It forces those people to be more
accountable,” he said.
Under one law change, the Montana
Department of Justice has created a 24/7 program which is used to
ensure that offenders remain drug and alcohol free by submitting to
daily testing or continuous monitoring.
Whitefish has been using its own 24/7
program for the last five years. Under the program, the judge and
prosecutor decide who needs to be monitored. The person is placed
on a SCRAM device which monitors the person’s blood alcohol content
level.
“It reminds people who have had a DUI
before that they don’t have a choice, but not to drink,” Dial
said.
The fourth law creates increased
penalties for DUI per se offenders. The law increases the jail time
for the first offense from 10 days in jail to a maximum of six
months in jail. Second and third offenses can earn those convicted
a maximum of one year in jail.
The change allows courts to monitor
those convicted for a longer period of time.
“It’s important to work to improve the
tools available (for law enforcement) and educate the public that
it’s not OK to drive drunk,” Dial said.