House Bill No. 339
Introduced By carey, bohlinger, grimes, rose, marshall
A Bill for an Act entitled: "An Act changing the penalties for a person under the age of 21 who has an alcohol
concentration of 0.02 or more and drives or who is in actual physical control of a vehicle upon ways of this state open to the
PERMITTING PROBATIONARY DRIVING PRIVILEGES AFTER 30 DAYS AND RESTRICTING
PROBATIONARY DRIVING PRIVILEGES FOR PERSONS UNDER THE AGE OF 18 FOR THE FIRST 30 DAYS OF
LICENSE SUSPENSION; PROHIBITING USE OF CONVICTION FOR CERTAIN PURPOSES; REQUIRING
PAYMENT OF A LICENSE REINSTATEMENT FEE PRIOR TO ISSUANCE OF A PROBATIONARY DRIVER'S
LICENSE; and amending section
61-8-410, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 61-8-410, MCA, is amended to read:
"61-8-410. Operation of vehicle by person under twenty-one with alcohol concentration of 0.02 or more. (1) It is unlawful for a person under the age of 21 who has an alcohol concentration of 0.02 or more to drive or be in actual physical control of a vehicle upon ways of this state open to the public.
(2) A person convicted of a violation of this section must be sentenced under the provisions of 45-5-624. (3) Absolute liability, as provided for in 45-2-104, is imposed for a violation of this section.
(2) Upon a first conviction under this section, a person shall be punished by a fine of not less than $100 or more than $500.
(3) Upon a second conviction under this section, a person shall be punished by a fine of not less than $200 or more than $500 and, if the person is 18 years of age or older, by incarceration for not more than 10 days.
(4) Upon a third or subsequent conviction under this section, a person shall be punished by a fine of not less than $300 or more than $500 and, if the person is 18 years of age or older, by incarceration for not less than 24 consecutive hours or more than 60 days.
(5) In addition to the punishment provided in this section, regardless of disposition:
(a) the person shall comply with the alcohol information course and alcohol and drug treatment provisions in 61-8-714; and
(b) the department shall suspend the person's driver's license for 90 days upon the first conviction, 6 months upon the
second conviction, and 1 year upon the third or subsequent conviction. A restricted or probationary driver's license may
not be issued during the suspension period UNTIL THE PERSON HAS
COMPLETED AT LEAST 30 DAYS OF THE
SUSPENSION PERIOD AND PAID A LICENSE REINSTATEMENT FEE IN ACCORDANCE WITH 61-2-107 AND,
IF THE PERSON WAS UNDER THE AGE OF 18 AT THE TIME OF THE OFFENSE, HAS COMPLETED AT LEAST
30 DAYS OF THE SUSPENSION PERIOD.
(6) A CONVICTION UNDER THIS SECTION MAY NOT BE COUNTED AS A PRIOR CONVICTION UNDER 61-8-401 OR 61-8-406."
NEW SECTION. SECTION 2. EFFECTIVE DATE. [THIS ACT] IS EFFECTIVE ON PASSAGE AND APPROVAL.