Bill

Bill > HB541


MT HB541

Revise DUI laws to include controlled substances


summary

Introduced
02/18/2025
In Committee
03/04/2025
Crossed Over
03/03/2025
Passed
Dead
05/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO DRIVING UNDER THE INFLUENCE; ADDING DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND A CERTAIN CONTROLLED SUBSTANCE SUBSTANCES AS AN OFFENSE; PROVIDING PENALTIES; AND AMING SECTIONS 61-8-1002 AND 61-8-1007, MCA.”

AI Summary

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.

Committee Categories

Justice

Sponsors (1)

Last Action

(H) Died in Standing Committee (on 05/22/2025)

bill text


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