44-4-1202. Purpose -- definitions. (1) The legislature declares that driving in Montana upon a way of this state open to the public is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege shall accept the corresponding responsibilities.
(2) The legislature further declares that the purpose of this part is:
(a) to protect the public health and welfare by reducing the number of people on Montana's highways who drive under the influence of alcohol or dangerous drugs;
(b) to protect the public health and welfare by reducing the number of repeat offenders for crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime;
(c) to strengthen the pretrial and posttrial options available to prosecutors and judges in responding to repeat DUI offenders or other repeat offenders who commit crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; and
(d) to ensure timely and sober participation in judicial proceedings.
(3) As used in this part, the following definitions apply:
(a) "Core components" means those elements of a sobriety program that analysis demonstrates are most likely to account for positive program outcomes.
(b) "Dangerous drug" has the meaning provided in 50-32-101.
(c) "Department" means the department of justice provided for in 2-15-2001.
(d) "Immediate sanction" means a sanction that is applied within minutes of a noncompliant test event.
(e) "Law enforcement agency" means the county sheriff's office or another law enforcement agency designated by the county sheriff's office that is charged with enforcing the sobriety program.
(f) "Sobriety program" or "program" means the 24/7 sobriety and drug monitoring program established in 44-4-1203, which authorizes a court or an agency as defined in 2-15-102, as a condition of bond, sentence, probation, parole, or work permit, to:
(i) require an individual who has been charged with or convicted of a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime, including but not limited to a second or subsequent offense of driving under the influence of alcohol or dangerous drugs, to abstain from alcohol or dangerous drugs for a period of time; and
(ii) require the individual to be subject to testing to determine the presence of alcohol or dangerous drugs.
(g) "Testing" means a procedure for determining the presence and level of alcohol or a dangerous drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration, and includes any combination of the use of in person or remote breath testing, drug patch testing, urinalysis testing, saliva testing, or continuous remote transdermal alcohol monitoring. With the concurrence of the department and consistent with 44-4-1203, alternate body fluids may be approved for testing.
(h) "Timely sanction" means a sanction that is applied as soon as practical following a noncompliant test event.
History: En. Sec. 2, Ch. 318, L. 2011; amd. Sec. 2, Ch. 309, L. 2013; amd. Sec. 1, Ch. 312, L. 2015; amd. Sec. 1, Ch. 374, L. 2019.