Montana Code 61-8-1010. Driving under influence — ignition interlock device — 24/7 sobriety and drug monitoring program
61-8-1010. Driving under influence — ignition interlock device — 24/7 sobriety and drug monitoring program. (1) For a person convicted of a first offense of driving under the influence, including 61-8-1002, an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under the laws of another state, in addition to the punishments listed in 61-8-1007, the court may, regardless of disposition and if a probationary license is recommended by the court, require the person to comply with the conditions listed in subsection (2)(a) or (2)(b).
Terms Used In Montana Code 61-8-1010
- Aggravated driving under the influence: means a person is in violation of 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d) and:
(a)the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0. See Montana Code 61-8-1001
- Conviction: A judgement of guilt against a criminal defendant.
- Drug: means any substance that when taken into the human body can impair a person's ability to operate a vehicle safely. See Montana Code 61-8-1001
- Ignition interlock device: means ignition equipment that:
(i)analyzes the breath to determine blood alcohol concentration;
(ii)is approved by the department pursuant to 61-8-1025; and
(iii)is designed to prevent a motor vehicle from being operated by a person who has consumed a specific amount of an alcoholic beverage. See Montana Code 61-8-102
- Motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
- Under the influence: means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. See Montana Code 61-8-1001
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-1001
(2)On a second or subsequent conviction for a violation of driving under the influence, including 61-8-1002, an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under the laws of another state, or a second or subsequent conviction under 61-5-212 when the reason for the suspension or revocation was that the person was convicted of a violation of driving under the influence, including 61-8-1002, an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under previous laws of this state or the laws of another state, or the suspension was under 61-8-1016 or a similar law of another state for refusal to take a test for alcohol or drugs requested by a peace officer who believed that the person might be driving under the influence, in addition to the punishments listed in 61-8-1002 and 61-8-1007, the court shall:
(a)require the person to participate in the 24/7 sobriety and drug monitoring program provided for in 44-4-1203 or require the person to participate in a court-approved alcohol or drug detection testing program and to pay the fees associated with the program;
(b)if recommending that a probationary license be issued to the person, restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device; or
(c)order that each motor vehicle owned by the person at the time of the offense be seized and subjected to the forfeiture procedure provided under 61-8-1033. A vehicle used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it appears that the owner or other person in charge of the vehicle consented to or was privy to the violation. A vehicle may not be forfeited under this section for any act or omission established by the owner to have been committed or omitted by a person other than the owner while the vehicle was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this state or the United States. Forfeiture of a vehicle encumbered by a security interest is subject to the secured person’s interest if the person did not know and could not have reasonably known of the unlawful possession, use, or other act on which the forfeiture is sought.
(3)All court-approved alcohol or drug detection testing programs allowed under this section are required to use the state’s data management system pursuant to 44-4-1203.