Montana Law

 61-8-401. Driving under influence of alcohol or drugs -- definitions.

(1) It is unlawful and punishable, as provided in 61-8-442, 61-8-714, and 61-8-731 through 61-8-734, for a person who is under the influence of: 

     (a) alcohol to drive or be in actual physical control of a vehicle upon the ways of this state open to the public;
     (b) a dangerous drug to drive or be in actual physical control of a vehicle within this state;
     (c) any other drug to drive or be in actual physical control of a vehicle within this state; or
     (d) alcohol and any dangerous or other drug to drive or be in actual physical control of a vehicle within this state. 
    
(2) The fact that any person charged with a violation of subsection (1) is or has been entitled to use alcohol or a drug under the laws of this state does not constitute a defense against any charge of violating subsection (1). 
    
(3) (a) "Under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. 
    
(b) Subject to 61-8-440, as used in this part, "vehicle" has the meaning provided in 61-1-101, except that the term does not include a bicycle. 
    
(4) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person's blood or breath drawn or taken within a reasonable time after the alleged act, gives rise to the following inferences: 

     (a) If there was at that time an alcohol concentration of 0.04 or less, it may be inferred that the person was not under the influence of alcohol.
     (b) If there was at that time an alcohol concentration in excess of 0.04 but less than 0.08, that fact may not give rise to any inference that the person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining the guilt or innocence of the person.
     (c) If there was at that time an alcohol concentration of 0.08 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable. 
    
(5) The provisions of subsection (4) do not limit the introduction of any other competent evidence bearing upon the issue of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs. 
    
(6) Each municipality in this state is given authority to enact 61-8-406, 61-8-408, 61-8-410, 61-8-714, 61-8-722, 61-8-731 through 61-8-734, and subsections (1) through (5) of this section, with the word "state" in 61-8-406 and subsection (1) of this section changed to read "municipality", as an ordinance and is given jurisdiction of the enforcement of the ordinance and of the imposition of the fines and penalties provided in the ordinance. 
    
(7) Absolute liability as provided in 45-2-104 will be imposed for a violation of this section.

History: En. Sec. 39, Ch. 263, L. 1955; amd. Sec. 1, Ch. 194, L. 1957; amd. Sec. 3, Ch. 201, L. 1957; amd. Sec. 1, Ch. 109, L. 1961; amd. Sec. 1, Ch. 132, L. 1971; amd. Sec. 1, Ch. 289, L. 1977; amd. Sec. 1, Ch. 430, L. 1977; R.C.M. 1947, 32-2142(part); amd. Sec. 69, Ch. 421, L. 1979; amd. Sec. 2, Ch. 659, L. 1983; amd. Sec. 5, Ch. 698, L. 1983; amd. Sec. 2, Ch. 99, L. 1985; amd. Sec. 2, Ch. 350, L. 1987; amd. Sec. 3, Ch. 484, L. 1987; amd. Sec. 1, Ch. 612, L. 1987; amd. Sec. 1, Ch. 789, L. 1991; amd. Sec. 2, Ch. 88, L. 1997; amd. Sec. 6, Ch. 107, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 2, Ch. 525, L. 1997; amd. Sec. 4, Ch. 563, L. 2001; amd. Sec. 3, Ch. 329, L. 2003; amd. Sec. 207, Ch. 542, L. 2005.

    
61-8-402. Blood or breath tests for alcohol, drugs, or both-- refusal to submit to test-- administrative license suspension.

(1) A person who operates or is in actual physical control of a vehicle upon ways of this state open to the public is considered to have given consent to a test or tests of the person's blood or breath for the purpose of determining any measured amount or detected presence of alcohol or drugs in the person's body. 
    
(2) (a) The test or tests must be administered at the direction of a peace officer when: 

     (i) the officer has reasonable grounds to believe that the person has been driving or has been in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs, or a combination of the two and the person has been placed under arrest for a violation of 61-8-401or 61-8-465;
     (ii) the person is under the age of 21 and has been placed under arrest for a violation of 61-8-410; or
     (iii) the officer has probable cause to believe that the person was driving or in actual physical control of a vehicle: 

     (A) in violation of 61-8-401 and the person has been involved in a motor vehicle accident or collision resulting in property damage; or
     (B) involved in a motor vehicle accident or collision resulting in serious bodily injury, as defined in 45-2-101, or death.

     (C) in violation of 61-8-465
    
(b) The arresting or investigating officer may designate which test or tests are administered. 
    
(3) A person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is considered not to have withdrawn the consent provided by subsection (1). 
    
(4) If an arrested person refuses to submit to one or more tests requested and designated by the officer as provided in subsection (2), the refused test or tests may not be given except as provided in subsection (5), but the officer shall, on behalf of the department, immediately seize the person's driver's license. The peace officer shall immediately forward the license to the department, along with a report certified under penalty of law stating which of the conditions set forth in subsection
(2)(a) provides the basis for the testing request and confirming that the person refused to submit to one or more tests requested and designated by the peace officer. Upon receipt of the report, the department shall suspend the license for the period provided in subsection (7). 
    
(5) If the arrested person has refused to provide a breath, blood, or urine sample under 61-8-409 or this section in a prior investigation in this state or under a substantially similar statue in another jurisdiction or the arrested person has a prior conviction or pending offense for a violation of 45-5-104, 45-5-106, 45-5-205, 61-8-401, or 61-8-406 or a similar statue in another jurisdiction, the officer may apply for a search warrant to be issued pursuant to 46-5-224 to collect a sample of the person's blood for testing.

(6) Upon seizure of a driver's license, the peace officer shall issue, on behalf of the department, a temporary driving permit, which is effective 12 hours after issuance and is valid for 5 days following the date of issuance, and shall provide the driver with written notice of the license suspension and the right to a hearing provided in 61-8-403. 
    
(7) (a) Except as provided in subsection (6)(b), the following suspension periods are applicable upon refusal to submit to one or more tests: 

     (i) upon a first refusal, a suspension of 6 months with no provision for a restricted probationary license;
     (ii) upon a second or subsequent refusal within 5 years of a previous refusal, as determined from the records of the department, a suspension of 1 year with no provision for a restricted probationary license. 
    
(b) If a person who refuses to submit to one or more tests under this section is the holder of a commercial driver's license, in addition to any action taken against the driver's noncommercial driving privileges, the department shall: 

     (i) upon a first refusal, suspend the person's commercial driver's license for a 1-year period; and
     (ii) upon a second or subsequent refusal, suspend the person's commercial driver's license for life, subject to department rules adopted to implement federal rules allowing for license reinstatement, if the person is otherwise eligible, upon completion of a minimum suspension period of 10 years. If the person has a prior conviction of a major offense listed in 61-8-802(2) arising from a separate incident, the conviction has the same effect as a previous testing refusal for purposes of this subsection (6)(b). 
    
(8) A nonresident driver's license seized under this section must be sent by the department to the licensing authority of the nonresident's home state with a report of the nonresident's refusal to submit to one or more tests. 
    
(9) The department may recognize the seizure of a license of a tribal member by a peace officer acting under the authority of a tribal government or an order issued by a tribal court suspending, revoking, or reinstating a license or adjudicating a license seizure if the actions are conducted pursuant to tribal law or regulation requiring alcohol or drug testing of motor vehicle operators and the conduct giving rise to the actions occurred within the exterior boundaries of a federally recognized Indian reservation in this state. Action by the department under this subsection is not reviewable under 61-8-403. 
    
10) A suspension under this section is subject to review as provided in this part. 
    
(11) This section does not apply to blood and breath tests, samples, and analyses used for purposes of medical treatment or care of an injured motorist or related to a lawful seizure for a suspected violation of an offense not in this part.

(12) This section does not prohibit the release of information obtained from tests, samples, and analysis of blood or breath for law enforcement purposes as provided in 46-4-301 and 61-8-405(6).

History: En. Sec. 1, Ch. 131, L. 1971; R.C.M. 1947, 32-2142.1; amd. Sec. 1, Ch. 103, L. 1981; amd. Sec. 1, Ch. 602, L. 1983; amd. Sec. 3, Ch. 659, L. 1983; amd. Sec. 8, Ch. 698, L. 1983; amd. Sec. 3, Ch. 99, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 2, Ch. 789, L. 1991; amd. Sec. 1, Ch. 564, L. 1993; amd. Sec. 1, Ch. 444, L. 1995; amd. Sec. 6, Ch. 447, L. 1995; amd. Sec. 3, Ch. 88, L. 1997; amd. Sec. 1, Ch. 287, L. 1999; amd. Sec. 1, Ch. 213, L. 2003; amd. Sec. 13, Ch. 428, L. 2003; amd. Sec. 8, Ch. 556, L. 2003; amd. Sec. 3, Ch. 282, L.2011; amd. Sec. 2, Ch. 283, L.2011.


61-8-403. Right of appeal to court.
(1) Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made. 
    
(2) The court has jurisdiction and shall set the matter for hearing. The court shall give at least 10 days' written notice of the hearing to the county attorney of the county where the arrest was made and to the city attorney if the incident leading to the suspension or revocation resulted in a charge filed in a city or municipal court. The county attorney or city attorney may represent the state. If the county attorney and the city attorney cannot agree on who will represent the state, the county attorney shall represent the state. 
    
(3) Upon request of the petitioner, the court may order the department to return the seized license or issue a stay of the suspension or revocation action pending the hearing. 
    
(4) (a) The court shall take testimony and examine the facts of the case, except that the issues are limited to whether: 

     (i) a peace officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs, or a combination of the two and the person was placed under arrest for violation of 61-8-401;
     (ii) the person is under 21 years of age and was placed under arrest for a violation of 61-8-410;
     (iii) the officer had probable cause to believe that the person was driving or in actual physical control of a vehicle in violation of 61-8-401 and the person was involved in a motor vehicle accident or collision resulting in property damage, bodily injury, or death; and
     (iv) the person refused to submit to one or more tests designated by the officer. 
    
(b) Based on the issues in subsection (4)(a) and no others, the court shall determine whether the petitioner is entitled to a license or whether the petitioner's license is subject to suspension or revocation. 
    
(5) This section does not grant a right of appeal to a state court if a driver's license is initially seized, suspended, or revoked pursuant to a tribal law or regulation that requires alcohol or drug testing of motor vehicle operators.

    
61-8-404. Evidence admissible -- conditions of admissibility.

(1) Upon the trial of a criminal action or other proceeding arising out of acts alleged to have been committed by a person in violation of 61-8-401, 61-8-406, 61-8-410, 61-8-465 or 61-8-805: 

     (a) evidence of any measured amount or detected presence of alcohol, drugs, or a combination of alcohol and drugs in the person at the time of a test, as shown by an analysis of the person's blood or breath, is admissible. A positive test result does not, in itself, prove that the person was under the influence of a drug or drugs at the time the person was in control of a motor vehicle. A person may not be convicted of a violation of 61-8-401 based upon the presence of a drug or drugs in the person unless some other competent evidence exists that tends to establish that the person was under the influence of a drug or drugs while driving or in actual physical control of a motor vehicle within this state.
     (b) a report of the facts and results of one or more tests of a person's blood or breath is admissible in evidence if: 
    
(i) a breath test or preliminary alcohol screening test was performed by a person certified by the forensic sciences division of the department to administer the test; 
    
(ii) a blood sample was analyzed in a laboratory operated or certified by the department or in a laboratory exempt from certification under the rules of the department and the blood was withdrawn from the person by a person competent to do so under 61-8-405(1); 
    
(c) a report of the facts and results of a physical, psychomotor, or physiological assessment of a person is admissible in evidence if it was made by a person trained by the department or by a person who has received training recognized by the department. 
    
(2) If the person under arrest refused to submit to one or more tests under 61-8-402, whether or not a sample was subsequently collected for any purpose, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle upon the ways of this state open to the public, while under the influence of alcohol, drugs, or a combination of alcohol and drugs. The trier of fact may infer from the refusal that the person was under the influence. The inference is rebuttable. 
    
(3) The provisions of this part do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs.

History: En. Sec. 2, Ch. 131, L. 1971; R.C.M. 1947, 32-2142.2(b) thru (d); amd. Sec. 3, Ch. 103, L. 1981; amd. Sec. 5, Ch. 659, L. 1983; amd. Sec. 10, Ch. 698, L. 1983; amd. Sec. 4, Ch. 99, L. 1985; amd. Sec. 4, Ch. 789, L. 1991; amd. Sec. 3, Ch. 564, L. 1993; amd. Sec. 5, Ch. 88, L. 1997; amd. Sec. 85, Ch. 51, L. 1999; amd. Sec. 1, Ch. 388, L. 2003; amd. Sec 4, Ch. 282, L. 2011; amd. Sec 3, Ch. 283, L.2011.

  
61-8-405. Administration of tests
.

(1) Only a physician or registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse, may, at the request of a peace officer, withdraw blood for the purpose of determining any measured amount or detected presence of alcohol, drugs, or any combination of alcohol and drugs in the person. This limitation does not apply to the sampling of breath. 
    
(2) In addition to any test administered at the direction of a peace officer, a person may request that an independent blood sample be drawn by a physician or registered nurse for the purpose of determining any measured amount or detected presence of alcohol, drugs, or any combination of alcohol and drugs in the person. The peace officer may not unreasonably impede the person's right to obtain an independent blood test. The officer may but has no duty to transport the person to a medical facility or otherwise assist the person in obtaining the test. The cost of an independent blood test is the sole responsibility of the person requesting the test. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of any test given at the direction of a peace officer. 
    
(3) Upon the request of the person tested, full information concerning any test given at the direction of the peace officer must be made available to the person or the person's attorney. 
    
(4) A physician or registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse, does not incur any civil or criminal liability as a result of the proper administering of a blood test when requested in writing by a peace officer to administer a test. 
    
(5) The department in cooperation with any appropriate agency shall adopt uniform rules for the giving of tests and may require certification of training to administer the tests as considered necessary.

(6) If a peace officer has probable cause to believe that a person has violated 61-8-401, 61-8-406, 61-8-410, or 61-8-805 and a sample of blood, breath, urine, or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis must be provided to a peace officer if requested for law enforcement purposes and upon issuance of a subpoena as provided in 46-4-301.

History: En. Sec. 3, Ch. 131, L. 1971; R.C.M. 1947, 32-2142.3; amd. Sec. 4, Ch. 103, L. 1981; amd. Secs. 1, 13, Ch. 503, L. 1985; amd. Sec. 14, Ch. 378, L. 1989; amd. Sec. 5, Ch. 789, L. 1991; amd. Sec. 4, Ch. 564, L. 1993; amd. Sec. 6, Ch. 88, L. 1997; amd. Sec. 4, Ch. 283, L.2011.


61-8-406. Operation of noncommercial vehicle by person with alcohol concentration of 0.08 or more -- operation of commercial vehicle by person with alcohol concentration of 0.04 or more.


(1) It is unlawful and punishable as provided in 61-8-442, 61-8-722, 61-8-723, and 61-8-731 through 61-8-734 for any person to drive or be in actual physical control of: 

     (a) a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, or urine, is 0.08 or more; or
     (b) a commercial motor vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood or breath, is 0.04 or more. 
    
(2) Absolute liability, as provided in 45-2-104, will be imposed for a violation of this section.

History: En. Sec. 4, Ch. 698, L. 1983; amd. Sec. 5, Ch. 99, L. 1985; amd. Sec. 3, Ch. 350, L. 1987; amd. Sec. 4, Ch. 484, L. 1987; amd. Sec. 6, Ch. 789, L. 1991; amd. Sec. 7, Ch. 107, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 3, Ch. 525, L. 1997; amd. Sec. 9, Ch. 207, L. 2001; amd. Sec. 4, Ch. 329, L. 2003

  
61-8-407. Definition of alcohol concentration.

For purposes of 16-6-305, 23-2-535, 67-1-211, and this title, "alcohol concentration" means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

History: En. Sec. 7, Ch. 698, L. 1983; amd. Sec. 6, Ch. 448, L. 1989; amd. Sec. 253, Ch. 42, L. 1997; amd. Sec. 7, Ch. 88, L. 1997.

      
61-8-408. Multiple convictions prohibited.

When the same acts may establish the commission of an offense under both 61-8-401 and 61-8-406, a person charged with the conduct may be prosecuted for a violation of both 61-8-401 and 61-8-406. However, the person may only be convicted of an offense under either 61-8-401 or 61-8-406.

History: En. Sec. 6, Ch. 698, L. 1983; amd. Sec. 1963, Ch. 56, L. 2009.

  
61-8-409. Preliminary alcohol screening test.

(1) A person who operates or is in actual physical control of a vehicle upon ways of this state open to the public is considered to have given consent to a preliminary alcohol screening test of the person's breath, for the purpose of estimating the person's alcohol concentration, upon the request of a peace officer who has a particularized suspicion that the person was driving or in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol or in violation of 61-8-410 or 61-8-465. 
    
(2) The person's obligation to submit to a test under 61-8-402 is not satisfied by the person submitting to a preliminary alcohol screening test pursuant to this section. 
    
(3) The peace officer shall inform the person of the right to refuse the test and that the refusal to submit to the preliminary alcohol screening test will result in the suspension for up to 1 year of that person's driver's license. 
    
(4) If the person refuses to submit to a test under this section, a test will not be given except as provided in 61-8-402(5). However, the refusal is sufficient cause to suspend the person's driver's license as provided in 61-8-402. 
    
(5) A hearing as provided for in 61-8-403 must be available. The issues in the hearing must be limited to determining whether a peace officer had a particularized suspicion that the person was driving or in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol or in violation of 61-8-410 and whether the person refused to submit to the test. 
    
(6) The provisions of 61-8-402(3) through (9) that do not conflict with this section are applicable to refusals under this section. If a person refuses a test requested under 61-8-402 and this section for the same incident, the department may not consider each a separate refusal for purposes of suspension under 61-8-402. 
    
(7) A test may not be conducted or requested under this section unless both the peace officer and the instrument used to conduct the preliminary alcohol screening test have been certified by the department pursuant to rules adopted under the authority of 61-8-405(5).

History: En. Sec. 1, Ch. 447, L. 1995; amd. Sec. 8, Ch. 88, L. 1997; amd. Sec. 9, Ch. 556, L. 2003; amd. Sec. 5, Ch. 282, L. 2011; amd. Sec. 5, Ch. 283, L.2011. 
  

61-8-410. Operation of vehicle by person under twenty-one with alcohol concentration of 0.02 or more. (1) It is unlawful for a person under the age of 21 who has an alcohol concentration of 0.02 or more to drive or be in actual physical control of a vehicle upon ways of this state open to the public.

Absolute liability, as provided for in 45-2-104, is imposed for a violation of this section. 
    
(2) Upon a first conviction under this section, a person shall be punished by a fine of not less than $100 or more than $500. 
    
(3) Upon a second conviction under this section, a person shall be punished by a fine of not less than $200 or more than $500 and, if the person is 18 years of age or older, by incarceration for not more than 10 days. 
    
(4) Upon a third or subsequent conviction under this section, a person shall be punished by a fine of not less than $300 or more than $500 and, if the person is 18 years of age or older, by incarceration for not less than 24 consecutive hours or more than 60 days. 
    
(5) In addition to the punishment provided in this section, regardless of disposition: 

     (a) the person shall comply with the chemical dependency education course and chemical dependency treatment provisions in 61-8-732 as ordered by the court; and
     (b) the department shall suspend the person's driver's license for 90 days upon the first conviction, 6 months upon the second conviction, and 1 year upon the third or subsequent conviction. A restricted or probationary driver's license may not be issued during the suspension period until the person has paid a license reinstatement fee in accordance with 61-2-107 and, if the person was under the age of 18 at the time of the offense, has completed at least 30 days of the suspension period. 
    
(6) A conviction under this section may not be counted as a prior conviction under 61-8-401 or 61-8-406.

History: En. Sec. 2, Ch. 447, L. 1995; amd. Sec. 1, Ch. 520, L. 1997; amd. Sec. 2, Ch. 455, L. 1999.

    
61-8-440. Ignition interlock device -- assisting in starting and operating -- circumventing -- penalty.

(1) It is unlawful for a person who is subject to a restriction under 61-8-442 to operate a motor vehicle not equipped with an ignition interlock device. 
    
(2) A person may not knowingly assist a person who is restricted to the use of an ignition interlock device to start and operate the restricted person's vehicle. 
    
(3) A person may not knowingly circumvent the operation of an ignition interlock device. 
    
(4) A person convicted of a violation of this section shall be punished by a fine of not more than $500 or by imprisonment for not more than 6 months or both. 
    
(5) This section does not apply if: 

     (a) the starting of a motor vehicle or the request to start a motor vehicle equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle; and
     (b) the person subject to the restriction does not operate the vehicle.

History: En. Sec. 2, Ch. 107, L. 1997. 
    

 61-8-441. Department rules regarding ignition interlock devices -- ignition interlock device provider requirements.

(1) The department shall adopt rules providing for the approval of ignition interlock devices and the installation, calibration, repair, and removal of approved devices. 
    
(2) The department's rules must be based upon federal standards issued for similar devices. 
    
(3) An ignition interlock device that is approved by the department must also: 

     (a) be designed so it does not impede safe operation of the vehicle;
     (b) correlate well with the level established for alcohol impairment;
     (c) work accurately and reliably in an unsupervised environment and under extreme weather conditions;
     (d) require a deep lung breath sample or use an equally accurate measure of blood alcohol concentration equivalence;
     (e) resist tampering and show evidence of tampering if it is attempted;
     (f) be difficult to circumvent;
     (g) minimize inconvenience of a sober user;
     (h) operate reliably over the range of automobile environments and in connection with various manufacturing standards; and
     (i) be manufactured by a person who is adequately insured for product liability. 
    
(4) An ignition interlock device provider shall include in any lease agreement for an ignition interlock device a warning that a person who knowingly tampers with, circumvents, or otherwise misuses the device is subject to criminal prosecution.

History: En. Sec. 3, Ch. 107, L. 1997; amd. Sec. 2, Ch. 547, L. 2005. 
    

61-8-442. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- ignition interlock device.

(1) In addition to the punishments provided in 61-8-714 and 61-8-722, regardless of disposition and if a probationary license is recommended by the court, the court may, for a person convicted of a first offense under 61-8-401 or 61-8-406, restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device. 
    
(2) If a person is convicted of a second or subsequent violation of 61-8-401 or 61-8-406, in addition to the punishments provided in 61-8-714 and 61-8-722, regardless of disposition, the court shall: 

     (a) if recommending that a probationary license be issued to the person, restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device; or
     (b) order that each motor vehicle owned by the person at the time of the offense be seized and subjected to the forfeiture procedure provided under 61-8-421. 
    
(3) Any restriction imposed under this section must be included in a report of the conviction made by the court to the department in accordance with 61-11-101 and placed upon the person's driving record maintained by the department in accordance with 61-11-102. 
    
(4) The duration of a restriction imposed under this section must be monitored by the department.

History: En. Sec. 8, Ch. 107, L. 1997; amd. Sec. 3, Ch. 258, L. 1999; amd. Sec. 4, Ch. 300, L. 2003; amd. Sec. 5, Ch. 329, L. 2003; amd. Sec. 3, Ch. 547, L. 2005; amd. Sec. 117, Ch. 596, L. 2005; amd. Sec. 2, Ch. 448, L. 2009. 
    

61-8-460. Unlawful possession of open alcoholic beverage container in motor vehicle on highway.

(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway. 
    
(2) This section does not apply to an open alcoholic beverage container: 

     (a) in a locked glove compartment or storage compartment;
     (b) in a motor vehicle trunk or luggage compartment or in a truck bed or cargo compartment;
     (c) behind the last upright seat of a motor vehicle that is not equipped with a trunk;
     (d) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or
     (e) in the immediate possession of a passenger: 

     (i) of a motor vehicle, including a bus, taxi, or limousine, that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or
     (ii) in the living quarters of a camper, travel trailer, or motor home. 
    
(3) (a) A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100. 
    
(b) A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.

History: En. Sec. 1, Ch. 348, L. 2005.

 

61-8-461. Definitions.

 As used in 61-8-460, the following definitions apply:
     (1) "Alcoholic beverage" means a compound produced for human consumption as a drink that contains 0.5% or more of alcohol by volume.
     (2) "Bus" means a motor vehicle with a manufacturer's rated seating capacity of 11 or more passengers, including the driver.
     (3) "Camper" has the meaning provided in 61-1-101.
     (4) "Highway" has the meaning provided in 61-1-101, including the shoulders of the highway.
     (5) "Motor home" has the meaning provided in 61-1-101.
     (6) "Motor vehicle" has the meaning provided in 61-1-101.
     (7) "Open alcoholic beverage container" means a bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage and that is open or has a broken seal or the contents of which are partially removed.
     (8) "Passenger area" means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while the driver or a passenger is seated in the vehicle, including an unlocked glove compartment.

     History: En. Sec. 2, Ch. 348, L. 2005.

 

 

61-8-465. Aggravated DUI.

(1) A person commits the offense of aggravated driving under the influence if the person is in violation of 61-8-401 or 61-8-406 and at the time of the offense:
     (a) the person's blood alcohol concentration is 0.16 or more;
     (b) the person is under the order of a court or the department to equip any motor vehicle the person operates with an approved ignition interlock device;
     (c) the person's driver's license or privilege to drive is suspended, canceled, or revoked as a result of a prior violation of 61-8-401, 61-8-402, or 61-8-406;
     (d) the person refuses to provide a breath or blood sample as required in 61-8-402 and the person's driver's license or privilege to drive was suspended, canceled, or revoked under 61-8-402 within 10 years of the commission of the present offense; or
     (e) the person has one prior conviction or pending charge for a violation of 45-5-106, 45-5-205, 61-8-401, 61-8-406, or this section within 3 years of the commission of the present offense, or two or more prior convictions or pending charges, or any combination thereof, for violations of 45-5-106, 45-5-206, 61-8-401, 61-8-406, or this section within 7 years of the commission of the present offense.
     (2) A person convicted of the offense of aggravated driving under the influence shall be punished by:
     (a) a fine of $1,000; and
     (b) a term of imprisonment of not more than 1 year, part of which may be suspended, except for the mandatory minimum sentences set forth in 61-8-714.
     (3) During the suspended sentence imposed by the court under subsection (2)(b):
     (a) the person is subject to all conditions of the suspended sentence imposed by the court, including mandatory participation in drug or DUI courts if available;
     (b) the person is subject to all conditions of the 24/7 sobriety program if available and if imposed by the court; and
     (c) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended.
     (4) Absolute liability, as provided for in 45-2-104, is imposed for a violation of this section.

 

     History: En. Sec. 1, Ch. 282, L. 2011.

 

 

61-8-714. Penalty for driving under influence of alcohol or drugs -- first through third offense.

(1) (a) Except as provided in subsection (4) or (5), a person convicted of a first violation of 61-8-401 shall be punished by imprisonment for not less than 24 consecutive hours or more than 6 months and by a fine of not less than $300 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 48 consecutive hours or more than 1 year and by a fine of not less than $600 or more than $2,000.
     (b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.
     (c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending successful completion of court-ordered chemical dependency assessment, education, or treatment by the person.
     (2) (a) Except as provided in subsection (4) or (5), a person convicted of a second violation of 61-8-401 shall be punished by a fine of not less than $600 or more than $1,000 and by imprisonment for not less than 7 days or more than 1 year, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by a fine of not less than $1,200 or more than $2,000 and by imprisonment for not less than 14 days or more than 1 year.
     (b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.
     (c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-732.
     (3) (a) Except as provided in subsection (4) or (5), a person convicted of a third violation of 61-8-401 shall be punished by imprisonment for a term of not less than 30 days or more than 1 year and by a fine of not less than $1,000 or more than $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for a term of not less than 60 days or more than 1 year and by a fine of not less than $2,000 or more than $10,000.
     (b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.
     (c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-732.
     (4) If the person has a prior conviction under 45-5-106, the person shall be punished as provided in 61-8-731 for a fourth or subsequent offense of driving under the influence of alcohol or drugs or with an excessive alcohol concentration.
     (5) If the person has a prior conviction or pending charge for a violation of 61-8-465, the person shall be punished as provided in 61-8-465.

 

     History: En. Sec. 39, Ch. 263, L. 1955; amd. Sec. 1, Ch. 194, L. 1957; amd. Sec. 3, Ch. 201, L. 1957; amd. Sec. 1, Ch. 109, L. 1961; amd. Sec. 1, Ch. 132, L. 1971; amd. Sec. 1, Ch. 289, L. 1977; amd. Sec. 1, Ch. 430, L. 1977; R.C.M. 1947, 32-2142(3), (4); amd. Sec. 1, Ch. 56, L. 1979; amd. Sec. 1, Ch. 301, L. 1979; amd. Sec. 1, Ch. 451, L. 1981; amd. Sec. 1, Ch. 433, L. 1983; amd. Sec. 1, Ch. 242, L. 1985; amd. Sec. 2, Ch. 476, L. 1989; amd. Sec. 1, Ch. 101, L. 1991; amd. Sec. 1, Ch. 102, L. 1991; amd. Sec. 11, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 7, Ch. 789, L. 1991; amd. Sec. 1, Ch. 474, L. 1993; amd. Sec. 8, Ch. 447, L. 1995; amd. Sec. 517, Ch. 546, L. 1995; amd. Sec. 1, Ch. 567, L. 1995; amd. Sec. 1, Ch. 512, L. 1997; amd. Sec. 6, Ch. 525, L. 1997; amd. Sec. 3, Ch. 455, L. 1999; amd. Sec. 5, Ch. 563, L. 2001; amd. Sec. 5, Ch. 300, L. 2003; amd. Sec. 2, Ch. 426, L. 2005; amd. Sec. 1, Ch. 477, L. 2005; amd. Sec. 1, Ch. 225, L. 2011; amd. Sec. 2, Ch. 226, L. 2011; amd. Sec. 6, Ch. 282, L. 2011.

 

 

 

61-8-722. Penalty for driving with excessive alcohol concentration -- first through third offense.

(1) Except as provided in subsection (4) or (5), a person convicted of a first violation of 61-8-406 shall be punished by imprisonment for not more than 6 months and by a fine of not less than $300 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not more than 6 months and by a fine of not less than $600 or more than $2,000.
     (2) (a) Except as provided in subsection (4) or (5), a person convicted of a second violation of 61-8-406 shall be punished by imprisonment for not less than 5 days or more than 1 year and by a fine of not less than $600 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 10 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000.
     (b) The mandatory minimum imprisonment sentence may not be served under home arrest and may not be suspended unless the judge finds that imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.
     (c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-732.
     (3) (a) Except as provided in subsection (4) or (5), a person convicted of a third violation of 61-8-406 shall be punished by imprisonment for not less than 30 days or more than 1 year and by a fine of not less than $1,000 or more than $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $2,000 or more than $10,000.
     (b) The mandatory minimum imprisonment sentence may not be served under home arrest and may not be suspended unless the judge finds that imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being.
     (c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-732.
     (4) If the person has a prior conviction under 45-5-106, the person shall be punished as provided in 61-8-731 for a fourth or subsequent offense of driving under the influence of alcohol or drugs or with an excessive alcohol concentration.
     (5) If the person has a prior conviction or pending charge for a violation of 61-8-465, the person shall be punished as provided in 61-8-465.

 

     History: En. Sec. 11, Ch. 698, L. 1983; amd. Sec. 2, Ch. 242, L. 1985; amd. Sec. 2, Ch. 101, L. 1991; amd. Sec. 12, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 8, Ch. 789, L. 1991; amd. Sec. 2, Ch. 474, L. 1993; amd. Sec. 9, Ch. 447, L. 1995; amd. Sec. 518, Ch. 546, L. 1995; amd. Sec. 2, Ch. 567, L. 1995; amd. Sec. 255, Ch. 42, L. 1997; amd. Sec. 2, Ch. 512, L. 1997; amd. Sec. 7, Ch. 525, L. 1997; amd. Sec. 6, Ch. 300, L. 2003; amd. Sec. 3, Ch. 426, L. 2005; amd. Sec. 2, Ch. 477, L. 2005; amd. Sec. 2, Ch. 225, L. 2011; amd. Sec. 3, Ch. 226, L. 2011; amd. Sec. 7, Ch. 282, L. 2011.

 

61-8-731. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- penalty for fourth or subsequent offense.

(1) Except as provided in subsection (3), if a person is convicted of a violation of 61-8-401 or 61-8-406, the person has either a single conviction under 45-5-106 or any combination of three or more prior convictions under 45-5-104, 45-5-205, 61-8-401, 61-8-406, or 61-8-465, and the offense under 45-5-104 occurred while the person was operating a vehicle while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided in 61-8-401(1), the person is guilty of a felony and shall be punished by:
     (a) sentencing the person to the department of corrections for placement in an appropriate correctional facility or program for a term of 13 months. The court shall order that if the person successfully completes a residential alcohol treatment program operated or approved by the department of corrections, the remainder of the 13-month sentence must be served on probation. The imposition or execution of the 13-month sentence may not be deferred or suspended, and the person is not eligible for parole.
     (b) sentencing the person to either the department of corrections or the Montana state prison or Montana women's prison for a term of not more than 5 years, all of which must be suspended, to run consecutively to the term imposed under subsection (1)(a); and
     (c) a fine in an amount of not less than $1,000 or more than $10,000.
     (2) The department of corrections may place an offender sentenced under subsection (1)(a) in a residential alcohol treatment program operated or approved by the department of corrections or in a state prison.
     (3) If a person is convicted of a violation of 61-8-401 or 61-8-406, the person has either a single conviction under 45-5-106 or any combination of four or more prior convictions under 45-5-104, 45-5-205, 61-8-401, 61-8-406, or 61-8-465, and the offense under 45-5-104 occurred while the person was operating a vehicle while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided in 61-8-401(1), and the person was, upon a prior conviction, placed in a residential alcohol treatment program under subsection (2), whether or not the person successfully completed the program, the person shall be sentenced to the department of corrections for a term of not less than 13 months or more than 5 years or be fined an amount of not less than $1,000 or more than $10,000, or both.
     (4) The court shall, as a condition of probation, order:
     (a) that the person abide by the standard conditions of probation promulgated by the department of corrections;
     (b) a person who is financially able to pay the costs of imprisonment, probation, and alcohol treatment under this section;
     (c) that the person may not frequent an establishment where alcoholic beverages are served;
     (d) that the person may not consume alcoholic beverages;
     (e) that the person may not operate a motor vehicle unless authorized by the person's probation officer;
     (f) that the person enter in and remain in an aftercare treatment program for the entirety of the probationary period;
     (g) that the person submit to random or routine drug and alcohol testing; and
     (h) that if the person is permitted to operate a motor vehicle, the vehicle be equipped with an ignition interlock system.
     (5) The sentencing judge may impose upon the defendant any other reasonable restrictions or conditions during the period of probation. Reasonable restrictions or conditions may include but are not limited to:
     (a) payment of a fine as provided in 46-18-231;
     (b) payment of costs as provided in 46-18-232 and 46-18-233;
     (c) payment of costs of assigned counsel as provided in 46-18-113;
     (d) community service;
     (e) any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of society; or
     (f) any combination of the restrictions or conditions listed in subsections (5)(a) through (5)(e).
     (6) Following initial placement of a defendant in a treatment facility under subsection (2), the department of corrections may, at its discretion, place the offender in another facility or program.
     (7) The provisions of 46-18-203, 46-23-1001 through 46-23-1005, 46-23-1011 through 46-23-1014, and 46-23-1031apply to persons sentenced under this section.

     History: En. Sec. 3, Ch. 512, L. 1997; amd. Sec. 1, Ch. 391, L. 1999; amd. Sec. 4, Ch. 455, L. 1999; amd. Sec. 2, Ch. 417, L. 2001; amd. Sec. 1, Ch. 54, L. 2005; amd. Sec. 5, Ch. 426, L. 2005; amd. Sec. 62, Ch. 449, L. 2005; amd. Sec. 8, Ch. 282, L. 2011.

 

61-8-732. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- assessment, education, and treatment required. (1) In addition to the punishments provided in 61-8-714, 61-8-722, and 61-8-731, regardless of disposition, a defendant convicted of a violation of 61-8-401 or 61-8-406 shall complete:
     (a) a chemical dependency assessment;
     (b) a chemical dependency education course; and
     (c) on a second or subsequent conviction for a violation of 61-8-401 or 61-8-406, except a fourth or subsequent conviction for which the defendant completes a residential alcohol treatment program under 61-8-731(2), or as required by subsection (8) of this section, chemical dependency treatment.
     (2) The sentencing judge may, in the judge's discretion, require the defendant to complete the chemical dependency assessment prior to sentencing the defendant. If the assessment is not ordered or completed before sentencing, the judge shall order the chemical dependency assessment as part of the sentence.
     (3) The chemical dependency assessment and the chemical dependency education course must be completed at a treatment program approved by the department of public health and human services and must be conducted by a licensed addiction counselor. The defendant may attend a treatment program of the defendant's choice as long as the treatment services are provided by a licensed addiction counselor. The defendant shall pay the cost of the assessment, the education course, and chemical dependency treatment.
     (4) The assessment must describe the defendant's level of addiction, if any, and contain a recommendation as to education, treatment, or both. A defendant who disagrees with the initial assessment may, at the defendant's cost, obtain a second assessment provided by a licensed addiction counselor or a program approved by the department of public health and human services.
     (5) The treatment provided to the defendant at a treatment program must be at a level appropriate to the defendant's alcohol or drug problem, or both, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services. Upon determination, the court shall order the defendant's appropriate level of treatment. If more than one counselor makes a determination as provided in this subsection, the court shall order an appropriate level of treatment based upon the determination of one of the counselors.
     (6) Each counselor providing education or treatment shall, at the commencement of the education or treatment, notify the court that the defendant has been enrolled in a chemical dependency education course or treatment program. If the defendant fails to attend the education course or treatment program, the counselor shall notify the court of the failure.
     (7) A court or counselor may not require attendance at a self-help program other than at an "open meeting", as that term is defined by the self-help program. A defendant may voluntarily participate in self-help programs.
     (8) Chemical dependency treatment must be ordered for a first-time offender convicted of a violation of 61-8-401 or 61-8-406 upon a finding of chemical dependency made by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services.
     (9) (a) On a second or subsequent conviction, the treatment program provided for in subsection (5) must be followed by monthly monitoring for a period of at least 1 year from the date of admission to the program.
     (b) If a defendant fails to comply with the monitoring program imposed under subsection (9)(a), the court shall revoke the suspended sentence, if any, impose any remaining portion of the suspended sentence, and may include additional monthly monitoring for up to an additional 1 year.
     (10) Notwithstanding 46-18-201(2), whenever a judge suspends a sentence imposed under 61-8-714 and orders the person to complete chemical dependency treatment under this section, the judge retains jurisdiction to impose any suspended sentence for up to 1 year.

     History: En. Sec. 9, Ch. 525, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 5, Ch. 455, L. 1999; amd. Sec. 18, Ch. 23, L. 2001; amd. Sec. 3, Ch. 417, L. 2001; amd. Sec. 6, Ch. 563, L. 2001.

 

61-8-733. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- forfeiture of vehicle.

(1) On the second or subsequent conviction of a violation of 61-8-401 or 61-8-406 or a second or subsequent conviction under 61-5-212 when the reason for the suspension or revocation was that the person was convicted of a violation of 61-8-401 or 61-8-406 or a similar offense under the laws of any other state or the suspension was under 61-8-402 or 61-8-409 or a similar law of any other state for refusal to take a test for alcohol or drugs requested by a peace officer who believed that the person might be driving under the influence, the court, in addition to the punishments provided in 61-5-212, 61-8-714, and 61-8-722 and any other penalty imposed by law, shall:
     (a) if recommending that a probationary license be issued to the person, restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device; or
     (b) order that each motor vehicle owned by the person at the time of the offense be seized and subjected to the procedure provided under 61-8-421.
     (2) A vehicle used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it appears that the owner or other person in charge of the vehicle consented to or was privy to the violation. A vehicle may not be forfeited under this section for any act or omission established by the owner to have been committed or omitted by a person other than the owner while the vehicle was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this state or the United States.
     (3) Forfeiture of a vehicle encumbered by a security interest is subject to the secured person's interest if the person did not know and could not have reasonably known of the unlawful possession, use, or other act on which the forfeiture is sought.

     History: En. Sec. 10, Ch. 525, L. 1997; amd. Sec. 7, Ch. 300, L. 2003; amd. Sec. 2, Ch. 583, L. 2005; amd. Sec. 3, Ch. 448, L. 2009.

 

61-8-734. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- conviction defined -- place of imprisonment -- home arrest -- exceptions -- deferral of sentence not allowed.

(1) (a) For the purpose of determining the number of convictions for prior offenses referred to in 61-8-465, 61-8-714, 61-8-722, or 61-8-731, "conviction" means a final conviction, as defined in 45-2-101, in this state, conviction for a violation of a similar statute or regulation in another state or on a federally recognized Indian reservation, or a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state, in another state, or on a federally recognized Indian reservation, which forfeiture has not been vacated.
     (b) An offender is considered to have been previously convicted for the purposes of sentencing if less than 5 years have elapsed between the commission of the present offense and a previous conviction, unless the offense is the offender's fourth or subsequent offense, in which case all previous convictions must be used for sentencing purposes.
     (c) A previous conviction under 61-8-714 or 61-8-722 for violation of 61-8-401 or 61-8-406 may be counted for purposes of determining the number of a subsequent conviction for violation of either 61-8-401 or 61-8-406.
     (2) Except as provided in 61-8-731, the court may order that a term of imprisonment imposed under 61-8-714, 61-8-722, or 61-8-731 be served in another facility made available by the county and approved by the sentencing court. The defendant, if financially able, shall bear the expense of the imprisonment in the facility. The court may impose restrictions on the defendant's ability to leave the premises of the facility and require that the defendant follow the rules of that facility. The facility may be, but is not required to be, a community-based prerelease center as provided for in 53-1-203. The prerelease center may accept or reject a defendant referred by the sentencing court.
     (3) Subject to the limitations set forth in 61-8-714 and 61-8-722 concerning minimum periods of imprisonment, the court may order that a term of imprisonment imposed under either section be served by imprisonment under home arrest, as provided in Title 46, chapter 18, part 10.
     (4) A court may not defer imposition of sentence under 61-8-714, 61-8-722, or 61-8-731.
     (5) The provisions of 61-2-107, 61-5-205(2), and 61-5-208(2), relating to suspension of driver's licenses and later reinstatement of driving privileges, apply to any conviction under 61-8-714 or 61-8-722 for a violation of 61-8-401 or 61-8-406.

     History: En. Sec. 11, Ch. 525, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 2, Ch. 224, L. 2001; amd. Sec. 10, Ch. 556, L. 2003; amd. Sec. 2, Ch. 54, L. 2005; amd. Sec. 5, Ch. 149, L. 2011; amd. Sec. 9, Ch. 282, L. 2011.

 

61-8-741. Suspension of imprisonment sentence for DUI court participation -- DUI court defined.

(1) If a person participates in a DUI court, the court may, at the court's discretion, suspend all or a portion of an imprisonment sentence under 61-8-714 or 61-8-722, except for the mandatory minimum imprisonment term.
     (2) If a person participating in a DUI court fails to comply with the conditions imposed by the DUI court, the court shall revoke the suspended imprisonment sentence and any sentence subsequently imposed must commence from the effective date of the revocation.
     (3) For purposes of this section, "DUI court" means any court that has established a special docket for handling cases involving persons convicted under 61-8-401 or 61-8-406 and that implements a program of incentives and sanctions intended to assist a participant to complete treatment ordered pursuant to 61-8-732 and to end the participant's criminal behavior associated with driving under the influence of drugs or alcohol or with excessive blood alcohol concentration.

     History: En. Sec. 1, Ch. 226, L. 2011.

 

 
 
     

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