A host of new drunk driving laws came

into effect recently in Montana.

The Whitefish Police Department has

started using these laws to curb intoxicated driving and enforce

stricter rules for those already convicted of a DUI.

The new laws are a good start, said

Police Chief Bill Dial.

The 2011 Legislature passed several DUI

bills. One law allows officers to get a search warrant to obtain a

blood sample for suspected DUI, another creates an aggravated DUI

offense, a third creates a 24/7 sobriety program and the fourth

creates increased penalties for DUI per se offenders. The new laws

went into effect this spring and summer.

Dial said he recommended a number of

changes in DUI laws to the Legislature. Some of those suggestions

were more severe than what was eventually passed, but he’s happy

with the new laws.

“They’ve taken some steps — albeit baby

steps — to prevent further DUIs,” he said.

The first law allows for a search

warrant to be issued for blood samples if the offender refuses a

breath or blood sample or if the person has a prior conviction or

pending offense for a DUI.

The law looks to close a loophole that

allowed a person suspected of DUI to refuse a sample. Knowing the

blood alcohol level is important for judges in determining

sentencing and for prosecutors in determining what actually

happened in the case.

Dial said Whitefish is already using

the new law, noting that it assists officers in proving a driver

was under the influence.

“Once we have the blood as evidence all

there is to prove is that we had probable cause to make the stop,”

he said. “With video cameras in the cars that’s pretty easy.”

Law enforcement is still prohibited

from pursuing a warrant if the suspect has no previous DUI

conviction and has never refused to provide a sample.

A second law establishes the offense of

aggravated driving under the influence. A person can be charged

with the offense if they have committed either a DUI or DUI per se

and has a blood alcohol content greater than or equal to 0.16, the

person was under ignition interlock restriction or has their

driver’s license was suspended.

Dial said the aggravated DUI forces

greater scrutiny for those who already have two or three DUIs.

“It forces those people to be more

accountable,” he said.

Under one law change, the Montana

Department of Justice has created a 24/7 program which is used to

ensure that offenders remain drug and alcohol free by submitting to

daily testing or continuous monitoring.

Whitefish has been using its own 24/7

program for the last five years. Under the program, the judge and

prosecutor decide who needs to be monitored. The person is placed

on a SCRAM device which monitors the person’s blood alcohol content

level.

“It reminds people who have had a DUI

before that they don’t have a choice, but not to drink,” Dial

said.

The fourth law creates increased

penalties for DUI per se offenders. The law increases the jail time

for the first offense from 10 days in jail to a maximum of six

months in jail. Second and third offenses can earn those convicted

a maximum of one year in jail.

The change allows courts to monitor

those convicted for a longer period of time.

“It’s important to work to improve the

tools available (for law enforcement) and educate the public that

it’s not OK to drive drunk,” Dial said.