Montana DUI Study
Greg Hinkle
The major focus of the Law and Justice Interim Committee (LJIC) is on the study of current DUI laws and the changes that must be made to save lives and keep drunk drivers off the road. Just to give you an idea of how much alcohol is a part of Montana life; in 2005 Montanans consumed 279.6 million 12-ounce cans of beer. That figures out to about 435 beers per adult a year. Now figure in the 33 million glasses of wine and the 124.7 million shots of distilled spirits consumed yearly in the state. And on top of that, consider the number of drivers out there under the influence of legal and illegal drugs. The picture gets much worse. In 2005, 34.4 percent of our high school kids had an experience of binge drinking in a 30 day period and in the last two weeks of 2006, 28.6 percent of high school kids in Sanders County participated in binge drinking. This is according to Montana DPHHS.
Montana ranked the highest state in alcohol related fatalities for 2007; a record the state can not seem to shake. Since the felony DUI law was enacted in 1997 the Department of Corrections has supervised 2,569 offenders with 3,232 felony DUI convictions. Our average for DUIs annually is 7,053 for the last five years. Looking at it another way, 40 percent of our traffic fatalities are alcohol related. Among the prison populations, 93 percent have an admitted alcohol or drug problem. Underage drinkers account for 12 percent of those arrested for DUIs. I think you are getting an idea of the magnitude of the problem. Montana felony DUI law does not provide graduated periods of incarceration for those convicted of as second or subsequent felony DUI. As time marches on, more needlessly die due to the irresponsibility of those who insist in driving under the influence of alcohol or drugs. While I sit on the LJIC listening to the heartache brought to many families by drunk drivers; I wonder why we have not dealt with toughening DUI laws sooner? The LJIC will be drafting new DUI laws before the next session.
People with addictive or irresponsible behaviors will not change unless the alternatives are worse. We have been looking at various changes in current law. They include increased use of interlock devices on first offense, felony offense for refusal BAC test, twice a day breath testing, SCRAM braclets (which are very expensive), confiscation of vehicles and increased incarceration time. I am of the persuasion that the consquences should be very tough. If I were to get drunk and walk down a sidewalk swinging a bat at people, I am quite sure that the city Police Officers would arrest me and take my bat away. The same thing should happen if stopped for a DUI, the vehicle should be confiscated. A “three strikes, you’re out” consequence for third DUI, which includes loss of drivers license for life, maximum prison time and loss of ownership of a vehicle should be mandatory. No more fourth, fifth DUIs, etc. The law should make killing another person, while drinking and driving, a capitol crime. The culture of death due to the irresponsible use of drugs needs to end.
Our local law enforcement has given me some great input and I would be interested in yours. Please call me Monday through Saturday at 827-4645 or email me at ghinklesd7@gmail.com anytime.