Senate Judiciary Committee approves interim study of Montana DUI laws, 5-3

The Montana Senate Judiciary Committee voted to report House Joint Resolution 65 out of committee, approving an interim study of the states DUI laws.

Representative Melody Cunningham, sponsor of HJR 65 and a member of the House Judiciary Committee, told senators the measure seeks a comprehensive review of prevention and deterrence strategies beyond simply increasing penalties. "DUI is a huge issue in Montana with many lives lost, lives irreparably altered and harmed, and our jails filled," Cunningham said as she opened the hearing, adding the issue has not been studied in about 15 years.

Brian Thompson, representing the Montana County Attorneys Association, said the resolution was the sponsors idea but that his association supports a review of DUI practice and law. "I think it's a great idea," Thompson said, arguing the measure would allow lawmakers to examine how the system is working and whether changes could reduce repeat offenses.

Senator Smith, who supported the measure, cited figures in the bill: "Between 2011 and 2020, 1227 people were killed in crashes involving an impaired driver and another 2997 were seriously injured," and said the study could identify policies that save lives.

Opponents and skeptics on the committee questioned the need for another study. Several members argued that previous reviews and repeated study bills have not yielded different answers and voiced concern about producing more study reports rather than implementing changes. Committee discussion also touched on practical trade-offs, with witnesses noting the costs of jail and treatment programs and that certain interventions might be more effective earlier in an offenders history; Thompson said, based on data he has seen, that about 70 percent of people who receive a first DUI do not reoffend.

After closing remarks from the sponsor, Senator Ricky moved that the committee "do concur" on HJR 65. The committee conducted a roll call: Senator Ricky voted no; Vice Chair Olson voted aye by proxy; Senator Emerich voted no; Senator Manzella voted no (by proxy); Senator Newman voted aye; Senator Smith voted aye; Senator Vinton voted yes; and Chair Usher voted yes. The clerk announced the tally as 5 yes, 3 no, and the motion passed.

With the committee vote, HJR 65 was reported out of the Senate Judiciary Committee. Senator Smith volunteered to carry the resolution on the Senate floor. The committee adjourned after brief closing remarks and thanks to staff.