Multiple DUIs May Contain Higher Penalties

A bill that would increase the penalty for multiple driving under the influence offenses passed its second reading in the House on Tuesday, Feb. 16.

House Bill 115, sponsored by Rep. Bill Mercer, R-Billings, passed the second reading by a 74-25 margin.

Under the bill, an individual with a fifth or subsequent offense would face a fine of not less than $5,000 or more than $10,000 and imprisoned in the state prison for a term of not more than 10 years. The person is not eligible for a deferred sentence.

“This is a bill I would say is a long time coming,” Mercer said during the hearing. He noted that such a proposal has been considered in previous sessions.

Mercer said that the DUI offense is considered just a misdemeanor for the first three convictions.

He said that if a person doesn’t seek recovery after the first offense, they sometimes go on to be guilty of multiple offenses.

Rep. Steven Galloway, R-Great Falls, shared a tragic story of a DUI resulting in a fatality.

“Let’s give judges the tools they need to fix this problem,” Galloway said.

Rep. Kerri Seekins-Crowe, R-Billings, said they her family members were relieved when her alcoholic uncle passed away. She said they breathe a sigh of relief knowing that he would no longer be on a threat to others on highways.

Rep. Jonathan Windy Boy, D-Box Elder, talked in opposition of the bill. He said that some legislators continue to push bills that have big impacts on the less fortunate.

Windy Boy noted that Native Americans consist of too high of a rate for the prison population in Montana.

“You guys don’t see the harsh reality,” he said.

In his closing, Mercer said about the current DUI penalties, “This is a system that doesn’t work.”