Bill > HB541

This bill revises Montana's driving under the influence (DUI) laws to add a new offense of driving while under the influence of both alcohol and a certain controlled substance. Specifically, the bill creates a new category of DUI (subsection 1(f)) that applies when a person operates a vehicle while under the influence of alcohol and a controlled substance from Schedule I or II that is not prescribed to them and is not marijuana. The bill establishes significant penalties for this new offense, treating it as a felony with escalating punishments for repeat offenders. For a first conviction, the penalties align with existing DUI penalties, but for second and subsequent convictions, the bill mandates substantial fines (between $5,000 and $10,000) and prison sentences of up to 10 years for a second offense and up to 25 years for a third or subsequent offense. The bill also specifies that individuals convicted under this new provision are not eligible for a deferred sentence, emphasizing the seriousness of driving under the influence of both alcohol and an unprescribed controlled substance. Additionally, the bill makes some technical amendments to existing DUI penalty sections, including renumbering some subsections and updating cross-references.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC2314