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Controversial bill would narrow "actual physical control" for DUI; law enforcement warns of safety risks
Summary
Sponsor proposed changing the definition of "actual physical control" so a person asleep or seated outside the driver's seat could not be charged with DUI in some circumstances; law enforcement groups urged opposition, saying the change would weaken enforcement and increase fatalities.
Sen. Trebis introduced Senate Bill 196 to redefine "actual physical control" in Montana's DUI statute. The draft language initially said the term applies only when a person is operating or driving a motor vehicle "on the public roads and highways of the state" and excluded situations when a person is seated in any seat except the driver's seat. The sponsor told the committee he would offer an amendment to restore the current phrase "a way of the state open to the public" and to add exceptions — for example, when a person is asleep in a lawfully parked vehicle — and to require that facts show the person did not drive…
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