All Roll Calls
Yes: 359 • No: 133
MontanaHB 34469th Legislature, Regular Session (2025)House
Revise criminal laws.
Sponsored By: Braxton Mitchell (Republican)
Became Law
CrimesAlcohol and Drugs
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 0 benefits, 6 costs, 2 mixed.
Commercial drivers: 0.04% rule, long suspensions
If you drive a commercial vehicle at 0.04% alcohol or higher, your commercial license is suspended. The first suspension is 1 year, or 3 years if you were hauling placardable hazardous materials. A second or later report brings a lifetime suspension, with federal rules allowing possible reinstatement only after at least 10 years. Officers must place you out of service for 24 hours. Prior DUI convictions or test refusals count as prior reports. No restricted commercial license is available.
Harsher DUI penalties and counting rules
Penalties rise with each DUI. First: at least 24 hours in jail and a $600–$1,000 fine (48 hours and $1,200–$2,000 if a child under 16 is in the car). Second: at least 7 days and a $1,200–$2,000 fine. Third: at least 30 days and a $2,500–$5,000 fine. A fourth or later DUI is a felony: 13 months to 2 years in state custody and a $5,000–$10,000 fine, or up to 5 years in treatment court with a $5,000–$10,000 fine. Courts cannot defer sentences under these sections, and mandatory minimum jail time cannot be served by home arrest. For counting priors, a 10‑year lookback applies, but for a third or later offense, all past convictions count. Courts may place you in another county facility at your expense and may allow home arrest for some parts of a sentence, subject to minimums.
More cases count as aggravated DUI
The law expands what counts as aggravated DUI. It applies if your alcohol level is 0.16% or higher, you were ordered to use an ignition interlock, your license was already suspended or revoked for DUI, or you refused a breath test. Aggravated cases face higher penalties.
New DUI limits and evidence rules
The law sets clear DUI limits. It is illegal to drive at 0.08% alcohol (0.04% for commercial, 0.02% if under 21) or at 5 ng/mL active THC. The state also sets blood limits for drugs like meth, cocaine, heroin, LSD, and fentanyl. Courts may infer impairment at 0.08% and not at 0.04% or less. DUI is an absolute-liability crime. Test results and test refusals are admissible in related cases.
Stronger penalties for driving suspended
Driving while suspended or revoked is a crime. The usual penalty is up to 6 months in jail or a fine up to $500. If the suspension came from a DUI or refusing a test, the penalty is 2 to 6 months in jail or a fine up to $2,000, and up to 40 hours of community service. A second offense for driving without required proof brings 2 to 6 months in jail. After any conviction, the department adds one more year to a noncommercial suspension. For commercial cases, the department suspends the CDL under commercial rules.
Driver rehab and restricted licenses
The state runs a driver rehabilitation and improvement program. Eligible suspended or revoked drivers can join, except for specific DUI suspensions. While you comply, your suspension may be paused. You may get a restricted probationary license with printed limits, and DUI courts may grant a probationary license for second or later misdemeanors. Breaking license limits is a misdemeanor. The department can charge program fees. No restricted license allows commercial driving if you are disqualified or your license is suspended, revoked, or canceled.
Mandatory DUI assessments and treatment
All DUI convictions require a chemical-dependency assessment by a licensed counselor. First convictions usually mean an education course, but treatment is required if you have a moderate or severe disorder. Second or later convictions require treatment and monthly monitoring for at least one year. You must pay for assessment, treatment, and monitoring, though insurance may help. Skipping treatment can bring back suspended jail time.
Cities may adopt state DUI rules
Any city or town may adopt the state DUI law as a local ordinance. Local officials can then enforce it and apply fines and penalties under the ordinance.
Sponsors & Cosponsors
Sponsor
Braxton Mitchell
Republican • House
Cosponsors
Steve Fitzpatrick
Republican • House
Roll Call Votes
House vote • 4/15/2025
Do Concur
Yes: 68 • No: 29
House vote • 4/14/2025
Do Concur
Yes: 92 • No: 4
House vote • 4/2/2025
Do Concur
Yes: 36 • No: 14
House vote • 4/1/2025
Do Concur
Yes: 34 • No: 16
House vote • 2/19/2025
Do Pass
Yes: 62 • No: 38
House vote • 2/18/2025
Do Pass
Yes: 67 • No: 32
Actions Timeline
Chapter Number Assigned
5/5/2025HouseSigned by Governor
5/1/2025HouseTransmitted to Governor
4/22/2025HouseSigned by President
4/22/2025SenateSigned by Speaker
4/18/2025HouseReturned from Enrolling
4/15/2025HouseSent to Enrolling
4/15/2025House3rd Reading Passed as Amended by Senate
4/15/2025House2nd Reading Senate Amendments Concurred
4/14/2025HouseReturned to House with Amendments
4/2/2025Senate3rd Reading Concurred
4/2/2025Senate2nd Reading Concurred
4/1/2025SenateCommittee Report--Bill Concurred as Amended
3/25/2025SenateCommittee Executive Action--Bill Concurred as Amended
3/25/2025SenateHearing
3/18/2025SenateReferred to Committee
3/1/2025SenateFirst Reading
2/20/2025SenateTransmitted to Senate
2/19/2025House3rd Reading Passed
2/19/2025House2nd Reading Passed
2/18/2025HouseRevised Fiscal Note Printed
2/18/2025HouseRevised Fiscal Note Signed
2/18/2025HouseRevised Fiscal Note Received
2/17/2025HouseRevised Fiscal Note Requested
2/13/2025HouseCommittee Report--Bill Passed as Amended
2/12/2025House
Bill Text
Enrolled
4/15/2025
As Amended (Version 3)
3/25/2025
As Amended (Version 2)
2/12/2025
Introduced
1/29/2025