[MissoulaGov] Dave's proposal is to make it a criminal offenseto refuse the test punishable with a $300 fine

Colleen M. Dowdall cdowdall at wthlaw.net
Fri Feb 19 18:42:22 MST 2010

In Boise, if you are arrested for DUI, your picture appears on a website
the next day.  It stays there for a number of weeks.  People read it
every day.  It is humiliating.  It is an effective deterrent.  And then
you start receiving mail from DUI attorneys who have your name and
address off the website.  
A first offense results in a sentence of 5 days in jail.  You can do up
to three of those days in community service - 8 hours for every day not
spent in jail.  The three days of community service is not automatic.
The fines are high.  You lose your license for several months after you
plead guilty.  You also lose your license for a period of time before
you plead guilty.  I am not clear on all of that but it results in up to
a year without a driver's license.  Boise's bus system is non-existent.
If you are caught driving without a license, all deals are off and you
go to jail.  
You must participate in a victim panel sponsored by MADD - everyone of
these steps cost money.  If you also hire an attorney, the whole
experience can cost up to $5000. 
The enforcement is impressive.  But it took change in social thinking
that I am not sure is present in Montana.  Check out the city of Boise
website for other ideas.


From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Ethel MacDonald
Sent: Friday, February 19, 2010 6:23 PM
To: Sherri Davidoff
Cc: missoulagov at cmslists.com; Carole
Subject: Re: [MissoulaGov] Dave's proposal is to make it a criminal
offenseto refuse the test punishable with a $300 fine

Re Jed's: There are plenty of alternatives that can achieve the same
goals without attacking our civil liberties. 
I do hope you'll enlighten all concerned about these alternatives.  For
sure, we need some.

On Fri, Feb 19, 2010 at 6:18 PM, Sherri Davidoff
<sherri at davidoffsecurity.com> wrote:

	Hello all,
	As a responsible citizen I care a *lot* about personal privacy,
especially with respect to my body. I would never, ever drive drunk, and
it's not right for a policeman to be able to pull me over and force me
to give samples of my bodily fluids without me even having the
opportunity to speak with an advisor or have the test conducted in a
known, safe place. As a responsible and innocent citizen, I don't think
I should be subject to a criminal offense if I choose to protect my
body, my privacy and my personal rights.
	I agree with Ruth that "if 6 months without a car doesn't deter
these people, than $300 won't either." If somebody is drunk driving,
they are 

	already not thinking straight. There have got to be better ways
to solve
	this problem than by penalizing everybody.
	In Montana we have a constitutional right to privacy. Let's find
ways to fix this problem which don't threaten the rights of responsible,
innocent civilians as well.
	Bob Jaffe wrote:

		The $300 fine would be a municipal offence. This would
be in addition to the loss of the license which comes from the state
		*From:* missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] *On Behalf Of *Ethel MacDonald
		*Sent:* Friday, February 19, 2010 2:37 PM
		*To:* Ruth Link
		*Cc:* missoulagov at cmslists.com; Carole
		*Subject:* Re: [MissoulaGov] Dave's proposal is to make
it a criminal offense to refuse the test punishable with a $300 fine
		The $300 might convince some to take the test = get a
conviction = get them some help and/or jail time to get them off the
road and hopefully into a program.
		On Fri, Feb 19, 2010 at 2:24 PM, Ruth Link
<rlink at missoularealestate.com <mailto:rlink at missoularealestate.com>>
		So will the $300?
		Ruth A. Link
		Public Affairs Director, MOR
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