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Sponsor seeks tougher DUI penalties and new felony for poly-drug driving; advocates and defense warn of consequences
Summary
Representative Steve Kelly presented two DUI bills: HB 541 would create a felony for driving while combining alcohol and illicit drugs; HB 542 would increase jail time and make later DUI offenses felonies. Victims' families and law enforcement supported the changes; public defenders warned of fiscal and implementation impacts and urged narrowing the language.
Representative Steve Kelly (House District 9) told the House Judiciary Committee that troopers reported rising incidents of drivers impaired by combinations of alcohol and illicit drugs, prompting two bills. House Bill 541 would create a felony offense for driving while under the combined influence of alcohol and illicit drugs to route repeat offenders into Department of Corrections treatment programs; HB 542 would increase penalties for basic DUI, raising first-offense custody to days, increasing subsequent jail terms, and making the third offense a felony under the sponsor's proposal and pending amendments.
Proponents included Daniel Kalbacher of the Association of Montana Troopers and representatives of the Montana Sheriffs and County Attorneys associations, who said multi-substance impairment is increasingly common and dangerous. Several family members who lost relatives in crashes testified in support, describing fatal collisions where drivers had alcohol plus methamphetamine or other drugs.
Opponents and informational witnesses raised legal and practical concerns. Brett Schandelson, director of the Office of State Public Defender, said the fiscal note (submitted to the executive branch) had not yet been published but the office estimated roughly 400 misdemeanor cases could be elevated to felonies under the sponsor's approach, about $300,000 in increased annual defense costs, and additional custody impacts if more people enter DOC programs. Committee members questioned the bills's scope, particularly whether the language inadvertently captures people on legitimate prescription medications who drink.
Sponsor Kelly said his intent was to target illicit-drug combinations and that he would accept amendments to narrow the text. Members discussed mandatory minimums, treatment availability, and the tradeoffs between punishment and public safety. No final committee action was taken in the hearing; sponsors and members signaled further amendment work before votes.
