A state judge in northwestern Montana ruled earlier this month that the portion of the states law requiring pretrial alcohol testing was Unconstitutional. Under Montana’s 24/7 program, individuals who have been arrested on suspicion of a second or subsequent DWI can be ordered by a judge to submit to breath tests twice a day and/or wear an alcohol monitoring bracelet after they are arrested, but before trial. It is up to the sheriff’s departments of the individual jurisdictions whether they will elect to participate in the program.
The judge addressed the law in the case of a man who was arrested on suspicion of drunk driving in April 2013. He had previously been convicted in 2006 of DUI. The program requires the suspect to pay for the costs associated with the testing. In this case, he was in the program from 113 days. That amounted to $450 dollars in fees. He was reported to have failed three breath tests. On each failed test he was charged with contempt of court. He then appealed the contempt findings.
The judge dismissed those contempt charges based on his view that the law was Unconstitutionally vague, they went on for an unspecified period of time, and there was no mechanism to reimburse individuals who were later found not guilty of their alleged crimes.
The ruling is limited to the contempt charges and to that specific jurisdiction. The Attorney General stated they plan to appeal.
