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Section 1.
TITLE 16 - Under Alcohol Licensing Laws - Makes it unlawful for licensed establishments to sell to a restricted person.
Anyone wishing to purchase alcohol would need to have one of the 3 forms of identification available for inspection. A driver's license or a Montana identification card (issued by the DMV) may be used to purchase alcohol by the Montana resident. Out of state visitors to Montana may show any photo identification proving out-of-state residency and that they are over the age of 21 and unrestricted. All accepted forms of identification, lacking any notation to the contrary, are to be considered "unrestricted".
Out of state residents are not a part of the larger DUI problem in Montana. It is not the desire of this Initiative that the identification requirement be a problem for licensed establishments serving out-of-state residents .. who may wish to buy an alcoholic beverage (perhaps with their meal) while passing through Montana.
Section 1 also limits the licensee's liability if phony I.D. is presented.
Section 4.
Title 27 - Under Civil Liability Laws -
Makes the provider civilly liable for injuries caused by a restricted person served, if the injuries were caused by the restricted person's intoxicated condition.
Section 7.
Title 61 - Under Motor Vehicle Laws -
Provides that the punishment for a conviction of a drinking and driving violation shall include an alcohol restriction, with the restriction noted on the person's driver's license.
In restricting alcohol with the first offense, it is the intent to intervene as early as possible before drinking and driving becomes habitual. Since, on average, a person drives drunk 1,000 times for each time arrested, a "first" time offender with a high BAC may be a chronic drunk driver. After repeat DUI convictions, the chances of rehabilitation may be smaller than one thinks.
One major advantage of this Initiative(for both the DUI offender and society) is that it keeps the DUI offender
within the licensing system, with job and family support intact. Studies show that 80% of those with license suspensions (for long periods of time)tend to drive anyway, and only 50% reapply for a license once the suspension period is over.
subsection 6 & 7 - Providing for records:
Records are provided for within the Initiative in order to provide a method to evaluate the effect of this approach in reducing DUI recidivism,and fatalities. Statistics showing positive results are needed in order to get it more widely adopted or to make adjustments as needed.
With records available, statistics can be compiled to determine the number of alcohol-related driving offense committed while restricted and further check if these are
due to circumventing the law, or due to returning to the same drinking and driving behavior after alcohol restrictions are lifted.
Records would be available to evaluate if any one specific source of alcohol
(i.e. friends vs. licensed establishments,
out-of-town vs in-town establishments,
certain types of establishments, or
specific establishement are playing a disapportionate role in dispersing alcohol to those offenders causing accidents.)
In addition, whenever the restricted individual acquired the alcohol from a licensed establishment, that information shall be forwarded to the Department of Revenue, providing for records needed to allow the department the ability to issue reprimands, or quickly recognize and confront problems when and if a licensed establishment becomes a re-occuring source indicated in drinking and driving arrests.
Section 8
Under Motor Vehicle Laws -
provides that a restricted license be issued upon a voluntary request
Section 8 provides that a person may request an alcohol restricted license for any length of time in increments of 1 year. The department shall issue an alcohol restricted license upon such request and at the person's expense. At the end of the restriction the person may request, at the usual expense, a license or card without the notation.
The voluntary restriction must remain for the term of the requested restriction, or a fee of $100 is required for early removal of the restriction. .
Section 2.
Under Alcohol Licensing - Enforcement Laws -
provides for civil liability as well as criminal liability for any person providing alcohol to a person restricted from purchasing, possessing or consuming alcohol. Individuals in their own homes, medical and religious uses are excluded.
It is not
expected that individuals in their own homes would ask guests for indentification. Individuals in their own homes, as well as medical and religious uses, are excluded in the initiative.
Section 3.
Under Alcohol Licensing - Administrative Penalty Laws -
provides for administrative action to be taken upon a licensed establishment violating the terms of licensing.
Since this section needed to be amended to include the restricted person, it seemed desireable to remove "revocation of license" from the catchline as being misleading. Revoking a license is only one of a full range of sanctions the department can take. On the same note, the wording of subsection 2 gave the false illusion that the licensee
would (by necessity) lose their license (and livilihood) upon any infraction, when in reality that is, and has been, only one of the choices the department may make, and just as before, is highly unlikely to occur.
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Section 5.
Under Title 45 - Under Crimes -
Makes it a crime to sell alcohol to a person restricted from purchasing alcohol and provides for the criminal penalty.
In addition to any administrative penalty (under section 3), the provider shall be:
Section 6.
Under Crimes -
Makes it illegal to buy alcohol if restricted, and provides for the criminal penalty:.
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This is the "heart" of the Initiative ... removing alcohol from being a "choice" for DUI offenders.
At sentencing the defendant’s drivers license shall be surrendered, and the department shall issue and deliver a restricted license to the person (at the person’s expense). At the end of the restriction the person may request a license without the restriction.
Feedback suggests that some prior DUI offenders may want to avoid an additional DUI offense (and becoming a felon) by voluntarily requesting the restriction.
If you have comments or suggestions,
email me at
rsnell@digisys.net
Or you can reach me at
(406) 752-5435
or write to:
Sharon Snell - PO Box 7633 - Kalispell, MT 59904
THE INITIATIVE
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