All Roll Calls
Yes: 362 • No: 135
MontanaHB 34469th Legislature, Regular Session (2025)HouseWALLET
Revise criminal laws.
Sponsored By: Braxton Mitchell (Republican)
Signed by Governor
CrimesAlcohol
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 0 benefits, 4 costs, 3 mixed.
Tough CDL penalties for alcohol
If you drive a commercial vehicle with an alcohol level of 0.04% or higher, your commercial license is suspended. A first violation is usually a 1‑year suspension, or 3 years if you were hauling placardable hazardous materials. A second or later violation brings a lifetime disqualification, subject to federal reinstatement rules. Prior DUI convictions and test refusals can count as prior reports and increase the penalty.
Harsher repeat DUI rules and evidence
A fourth or later DUI that meets the law’s rules is a felony with a $5,000–$10,000 fine and up to 5 years in prison or a department placement. Courts cannot defer imposing a sentence for these DUI crimes. The law clarifies the meaning of “drug” and “under the influence,” and it includes certain violations in the aggravated DUI rules. Blood, breath, oral fluid, or urine results—and proven test refusals—are admissible in specified criminal cases.
Mandatory DUI treatment and costs
After any DUI or a similar offense, you must complete a chemical‑dependency assessment. For a first DUI, you must take an education course unless the court orders treatment instead. A judge can require the assessment before sentencing. Assessments and treatment must be from state‑approved programs with licensed addiction counselors, and you pay the cost (health insurance can help if it covers it). A counselor sets the right level of care and the court orders it. A second or later DUI requires treatment, and first‑ or second‑time offenders must get treatment if a licensed counselor finds a moderate or severe disorder. The court cannot make a first‑time offender do both education and treatment for the same case. You may get a second assessment, but you must pay for it.
Stricter license rules after DUI
If you drive while your license is suspended for a DUI or a test refusal, you face 2 days to 6 months in jail, a fine up to $2,000, and up to 40 hours of community service. Your suspension is also extended by one year for a noncommercial license. People suspended or revoked for listed DUI offenses cannot use the state driver rehabilitation and improvement program during that suspension. A DUI court can give a probationary license to some people with a second or later misdemeanor DUI, under strict limits. Existing state suspension and reinstatement rules apply to DUI convictions.
More priors count toward DUI sentencing
Courts count more past offenses when setting DUI penalties. A prior conviction usually counts if it is less than 10 years old, but for a third or later DUI, all past convictions count no matter how old. The law includes final convictions from other states or tribal courts and some forfeitures. Some related convictions tied to driving can also count as DUI priors.
How DUI jail time is served
A judge can order you to serve a DUI sentence in a county facility or a prerelease center. If you are able to pay, you must cover the facility’s costs. The court may also let you serve some DUI jail time on home arrest, when the law’s minimum custody rules allow it.
Yearlong monitoring and court oversight
For a second or later DUI, you must be monitored monthly for at least one year after you enter treatment. Counselors must tell the court when you start and if you miss classes or treatment. If you break monitoring rules, the judge must revoke any suspended sentence and can add up to one more year of monitoring. The judge keeps power to impose a suspended sentence for up to one year. Courts and counselors cannot force you to attend closed self‑help meetings; only open meetings can be required.
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: 95 • No: 5
Senate vote • 4/2/2025
Do Concur
Yes: 36 • No: 14
Senate 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: 33
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 Senate Amendments
4/15/2025House2nd Reading Senate Amendments
4/14/2025HouseReturned to House with Amendments
4/2/2025Senate3rd Reading
4/2/2025Senate2nd Reading
4/1/2025SenateCommittee Report
3/25/2025SenateCommittee Executive Action
3/25/2025SenateHearing
3/18/2025SenateReferred to Committee
3/1/2025Senate1st Reading
2/20/2025SenateTransmitted to Senate
2/19/2025House3rd Reading
2/19/2025House2nd Reading
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
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
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