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Committee hears proposal for per se drugged-driving law focused on blood tests and nonprescription drugs

House Judiciary · February 10, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Rep. Braxton Mitchell's HB 344 would create per se offenses for driving with certain nonprescription drugs (including fentanyl, methamphetamine and cocaine) detected in blood, replace urine testing with blood testing, and exclude valid-prescription users; prosecutors and law-enforcement witnesses urged passage while toxicologists recommended a detect/not-detect approach tied to lab capability.

Representative Braxton Mitchell told the committee House Bill 344 would create a per se offense for drivers who have listed "dangerous drugs" in their blood while operating a vehicle, limited to nonprescription use and relying on blood tests rather than urine. "This bill addresses a crucial gap in our current law by creating a specific, per se DUI offense, for drivers only on dangerous drugs," Mitchell said.

Prosecutor and enforcement testimony: Missoula County Attorney Matt Jennings, Lewis and Clark County Attorney Kevin Downs and other county attorneys described a growing…

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