1. Colonel Mike Tooley Chief, Montana Highway Patrol
SJR 39 Update
Colonel Mike Tooley Chief, Montana Highway Patrol

2. Issues That Started SJR 39
First-time convictions of driving under the influence rose 19% from 2004 to 2008.
Montana experienced a 16% increase in repeat offenses from 2004 to 2008, including second or subsequent DUI and felony DUI.
Implied consent refusals increased 24% from 2004 to 2008.
MHP suffered three line of duty deaths, 2 due to drivers under the influence in less than 18 months.

3. The tragedies cannot go unnoticed!
Trooper Evan Schneider
Age: 29
Died in the line duty on August 27th, 2008
Opposing driver later determined to have BAC of .16

5. The tragedies cannot go unnoticed!
Trooper Mike Haynes
Age 28
Died in the line of duty on March 27, 2009 after collision with a wrong way drunk driver on March 23, 2009
Opposing driver later determined to have a BAC of .18 plus a significant presence of marijuana.

7. Results of our awakening
Development of
Senate Joint Resolution 39 which mandates the study of all areas of impaired driving in Montana.
Request for interim legislative study of
DUI & DUID.

8. Struggles with effective DUI Law in Montana
Montana law in this area has become a complex patchwork of statutes.
Causes for patchwork:
Federal mandates.
Initiatives by legislators or task forces.
Case-specific circumstances

9. Change in Culture in Montana
What is normal and was is not?
What is the perception of normal?
80/20 rule. 80% of the people don’t drink to impairment.
Drinking to impairment is not normal for the majority of Montanans.

10. Changes Have To Be Made
It is the duty of the Legislature to give law enforcement and the courts the ability to effectively protect the public from those who threaten our well being on public highways.
The offenders must get into the system before they can get the help they need and changes can be made.

11. Committee members Shannon Augare (Browning) Bob Ebinger (Livingston)
David Howard (Park City)
Mike Menahan (Helena)
Ken Peterson (Billings)
Ron Stoker (Hamilton)
John Esp (Big Timber)
Greg Hinkle (Thompson Falls)
Larry Jent (Bozeman)
Carol Juneau (Browning)
Lynda Moss (Billings)
Jim Schockley (Victor)

12. What has the Committee done?
Met five times since August 3, 2009
Solicited input from a broad base of groups and individuals
Law Enforcement, Treatment, Legal, University Researchers, other governments, and Industry
Actually attended a “wet lab” in February which dispelled a number of myths.
Also had an opportunity to educate about drugged driving.

13. Bill Draft Highlights Mandate alcohol server and sales training
On call judge for BAC test search warrant
Per Se limit for dangerous drug impaired driving
Support and funding for DUI courts.
Extend court jurisdiction on misdemeanor DUI
Eliminate five year look back limit on convictions.

14. Bill Draft Disappointments
Ignition Interlock for first offenders
Criminalization or elimination of Implied Consent.
3rd offense felony
Interest from the Committee tempered by financial concerns.
Increased penalties for first offenders
Conley Study of WATCH participants

15. Other Committee Accomplishments
Has served as a focal point for the formerly silent majority
DOR rule change attempt
Brought about interest from other legislators that are asking about how to fill the gaps left by the committee.