Montana Sheriffs & Peace Officers Association
Montana Sheriffs & Peace Officers Association


Hamilton Rotary, officials tackle DUI issue
by PERRY BACKUS - Ravalli Republic

In the near half century that Win Smith has been a Rotarian, he’s always been most proud of that organization’s willingness to take the lead on issues important to the community.

And now Smith hopes the club is willing to take on another major challenge.

This week, Smith presided over a packed house at the weekly Hamilton Rotary as county and state officials talked about the need to change a long held mindset and the law on driving drunk in Montana.

Smith wants the meeting to be the beginning of a grassroots groundswell that could help guide lawmakers in future efforts to strengthen laws and encourage education on the issue.

He hopes the Hamilton Rotary Club can convince other Rotarians across the state to join forces in working for change.

“We’re in the midst of a terrible situation in this state,” Smith said. “I don’t believe that there’s a single Rotarian here who wouldn’t do whatever they can to help save lives by working to keep drunk drivers off the road.”

Some of the same officials who shared their views over lunch would later attend a justice court hearing of a Hamilton man charged with injuring a Montana Highway Patrol trooper over the weekend in an alleged drunken driving incident in Darby.

“This is not a once in awhile thing,” Ravalli County Sheriff Chris Hoffman said. “We’re dealing with these on a daily basis.”

There’s a need for a grassroots effort from people across the state to work together toward changing a mindset that drinking and driving is acceptable, Montana Highway Patrol Captain Tom Hamilton told the group.

People need to voice their support for tougher laws to their legislators. And, just as important, Montanans need to look each other in the eye and not be afraid to tell their family members, neighbors and friends that they are ashamed when those folks get behind the wheel and drive drunk, Hamilton said.

“It’s a societal problem,” he said. “We need groups like the Rotary and the Kiwanis to take an interest and let their voices be heard.”

Every year about 230 people lose their lives on Montana’s highways, Hamilton said. About 90 of those deaths are alcohol related.

“It’s becoming clear to all that we need some change in our driving under the influence legislation,” said Ravalli County Attorney George Corn. “There’s not going to be one silver bullet. We’re not going to be able to pass one law and fix this problem.”

To make a change that matters will require a comprehensive approach that includes better education, more access to rehabilitation programs and tougher deterrents, Corn said.

An interim state legislative committee is currently reviewing Montana’s driving under the influence statutes and considering alternative penalties or new technologies that could go a long way in keeping drunks off the roadways.

The committee meets again next week in Helena.

Corn said there are a variety of ideas that are being considered that could make a real difference, including requiring people with their first, second and third DUIs to check in with law enforcement on a regular basis for a breath test.

“That would create a big fork in the road for many people,” Corn said. “It wouldn’t be about just going and seeing a judge and serving 24 hours anymore. They would have to come in and blow … a lot of people aren’t going to want to go down that path.”

Corn also would like to see the state find a way to fund a local probation officer for misdemeanors.

The first three DUIs on a person’s record are now considered a misdemeanor. The fourth is a felony.

A misdemeanor probation officer would ensure that offenders complete the programs and follow the conditions of their sentences required by the court. The officer’s wages could be paid from a portion of the fines collected in each county.

Currently, Corn said most of those fines are delivered to Helena.

Corn said there also needs to be a DUI public education drive similar the successful methamphetamine campaign that makes driving drunk socially unacceptable.

Sen. Jim Shockley, R-Victor, said funding will be tight during the next legislative session and it will be challenging to find monies for any new programs.

“It’s about money,” Shockley said. “About 8 percent of the general fund is corrections.”

The state’s WATCH program is an example of an alcohol rehabilitation program that works, he said.

About 90 percent of its attendees show no recidivism in the five years following their graduation from the program. About 72 percent commit no crimes at all during that time period.

The program is not cheap.

“It costs about $15,000 a pop,” Shockley said.

While people want to solve this issue of drinking and driving, there aren’t many who want to see their taxes go up, he said.

Still, Shockley said the rehabilitation program is cheaper and works better than sending drunk drivers to prison in Deer Lodge.

“Anyone who got rehabilitated in Deer Lodge was an accident,” Shockley said.

Shockley puts drunken drivers into two different classes.

One has hope for rehabilitation. The other includes those with multiple DUI convictions who decided a long time ago they will not change.

For the later, Shockley said the state should consider creating a low-cost holding facility where those repeat offenders can be warehoused.

Both Corn and Shockley have seen the legislature reject proposals that would stiffen DUI laws fail during past sessions. Both were hopeful that this time might be different.

“I believe we’ve reached a tipping point, if everyone can just keep the pressure on,” Corn said.

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