Montana Supreme Court Unanimously Upholds 24/7 Sobriety Program

Driving under the Influence

Montana Supreme Court Unanimously Upholds 24/7 Sobriety Program

Today the Montana Supreme Court ruled unanimously to uphold the 24/7 Sobriety Program. The program, which had been challenged by a repeat DUI offender as unconstitutional, requires certain repeat offenders to take twice-daily breathalyzer tests rather than go to jail.

The 24/7 Program was defended vigorously in court by the office of Attorney General Tim Fox, who has also worked to expand the program into more counties over the last two and half years. A majority of Montanans now live in counties using the 24/7 Program.

“This unanimous ruling by the Montana Supreme Court is a victory for all Montanans,” Attorney General Fox said. “The 24/7 Sobriety Program is a proven accountability tool for combatting repeat DUI, saving lives, and making our roadways safer. Driving under the influence of alcohol is a significant problem here, and we in the law-enforcement community are delighted that the court recognized both the constitutionality and effectiveness of the program.”

“Assistant Attorney General Tammy Hinderman deserves a special thanks,” Fox added. “She worked diligently on this case and was instrumental in achieving a clear victory in our ongoing efforts against DUI.”

Thirty-four Montana counties use some type of 24/7 system, and the Attorney General’s Office is in the processing bringing four more counties into the program. The courts determine who enters the 24/7 Sobriety Program on a case-by-case basis. If an offender fails a breathalyzer test, he or she must return to jail.

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