Details of sobriety program still in flux
Flathead County Sheriff Chuck Curry didn’t have to think long about opting into a new state law that will require repeat DUI offenders to submit breath samples twice a day.
Implementing the legislation, however, will require more planning than the simple decision to take part in the program, Curry said.
“We’re going to do it, but whether or not we contract with private providers of these services or whether we do it [at the Sheriff’s Office] is something we still need to work out,” Curry said.
Curry announced his decision to take part in the 24/7 Sobriety Program Act Wednesday during a town hall meeting at The Summit in Kalispell, where law enforcement officials, legislators and others discussed newly passed laws aimed at tackling the epidemic of drunk driving on Montana roads.
The 24/7 law designates the sheriff of any given county as the chief decision-maker for the program, from opting in to choosing how the testing is conducted.
Curry said he still is in the early stages of implementing the program, which he thinks will be an effective way of monitoring those who have had more than one conviction for driving while under the influence of alcohol.
It goes into effect July 1, and Curry said he hopes to have a cost-effective program in place by then. He estimates the cost of the program to be from $2 to $4 a day for each offender, depending on whether the testing is done at the Sheriff’s Office in Kalispell or elsewhere.
“It’s easy to say, ‘Yeah, the offender will carry the cost,’” Curry said. “But if you make the cost prohibitive, they won’t pay it.”
State representative Steve Lavin, R-Kalispell, noted at Wednesday’s town hall meeting that while there is a cost to offenders, it’s no more than what they would have paid for a single alcoholic beverage.
Lavin, a sergeant with the Montana Highway Patrol, carried the legislation, which has been signed by Gov. Brian Schweitzer. He called the law a step in the right direction.
“There’s immediate consequences for failure in this program,” he said.
Those who fail the tests will risk being sent to county jail.
Curry has met with Whitefish Police Chief Bill Dial and Columbia Falls Police Chief Dave Perry to discuss the 24/7 law in broad terms, but says he is still far from finalizing the specifics.
He said he hopes to talk with Lewis and Clark County Sheriff Leo Dutton because he has overseen a pilot of the program in his jurisdiction.
“It’s staff, it’s equipment, it’s space,” Curry said. “It involves all those issues, and we’ll have to figure out how to do it in the best way.”
Curry said he’s waiting on additional guidance from the Montana Department of Justice to determine the ways the testing can be conducted under the law, be it through breath samples or ankle bracelets that monitor alcohol consumption.
Law enforcement officials and prosecutors are also preparing to implement two other laws aimed at cracking down on drunk drivers.
Senate Bill 42 allows law enforcement officials to obtain a search warrant to get blood samples from suspected drunk drivers if they refuse a breath test.
Senate Bill 15 allows prosecutors to charge offenders with an aggravated DUI if their blood alcohol content is 0.16 or higher at the time of their arrest.