DUI in Montana: Who is to blame and who can fix it?

Certainly the offender is at fault and must have appropriate consequences. The consequences should be effective — they should deter the offender from repeating the crime. Since the root of this crime is substance abuse and/or addiction it is critical to include substance abuse treatment.

Treatment programs should include compliance monitoring. We have models for this in the Kalispell DUI Court, the Center for Restorative Youth Justice, and the 24/7 program.

Health-care providers should refer patients for treatment of substance abuse problems. The law empowers the provider to notify the Department of Motor Vehicles when an addicted person is at risk for driving while impaired. A temporary medical suspension is more compassionate than mandatory DUI-related consequences.

The mandatory chemical dependency assessment should be completed before sentencing. The substance abuse professional should have the offender’s driving and criminal histories available for review. An alcoholic needs more intensive monitoring than a person who drank too much at a wedding reception and has no other history of substance abuse.

A judge should use judgment in sentencing based on the circumstances of the crime and the chemical dependency assessment. We currently see “one size fits all.” For example, in Flathead Justice Court 81 percent of convicted misdemeanor DUI offenders served the minimum 1 day in jail or less and 85 percent were charged a $600 fine or less.

A district judge should include an alcohol and/or drug monitoring plan in any approval for a probationary license for a DUI offender. The minimum would be an alcohol interlock device to prevent starting the vehicle if BAC is over .025 percent.

Prosecutors should include an appropriate monitoring plan based on the chemical dependency assessment in DUI plea agreements.

Law-enforcement officers should arrest DUI offenders. “Let me give you a ride home” only keeps the road safer for one night. When a DUI arrest is made the law-enforcement officer should investigate the source of the alcohol or drugs. The seller/server should be arrested for abetting the crime.

Crimestoppers should offer a reward for any person who calls in a suspected DUI driver (if the driver is arrested and the reporting party follows through with signed statement and court appearance.)

The sheriffs, police chiefs, highway-patrol captains, and all other law-enforcement leaders must ensure their officers are trained, have the tools they need, and are motivated to make the arrests.

Our legislators and county and city elected officials must improve our laws and fund the teams of public servants who do the work.

But the buck really stops with you and I. We elect the legislators, judges, county attorneys, sheriffs, county commissioners and other public servants — let them know we expect tougher enforcement, stiffer sentences, better treatment and monitoring, and funding to make it all happen. But those paid public servants won’t need to arrest, treat, and incarcerate people if you and I prevent the crime. It all comes down to being responsible — don’t let your family, friend, or stranger drive while impaired.

Becky Sturdevant, of Kalispell, represents the Montana Common Sense Coalition (www.montanacsc.org).