Montana Legislature passes zero-tolerance DUI bill for young drivers!

The Montana House of Representatives voted 62-37 to pass a deeply flawed bill, SB 508, that would impose zero-tolerance DUI penalties — including mandatory jail time — for drivers under 21 who are completely sober. SB 508 previously passed the Senate (42-7) and it now heads to Gov. Greg Gianforte (R).

If you live in Montana, the governor needs to hear from you now! Ask him to veto this unjust bill.

Sen. Willis Curdy's SB 508 creates an extreme standard for drivers under 21, making it a DUI offense to have any detectable THC or certain metabolites in their system. Since THC can remain in the bloodstream and urine days after its effects have worn off, this approach would criminalize and incarcerate young Montanans who are completely unimpaired.

It would criminalize sober young drivers who are state-legal medical cannabis patients, people who tested positive after using legal CBD products, and people who were exposed to cannabis second-hand.

On the House floor debate, a proponent of the bill claimed that it would only allow drug testing if there was probable cause to think the person was impaired, such as bloodshot eyes. But SB 508 includes no such limitation. And under Montana law, anyone involved in a crash with a serious injury or a fatality has given "implied consent" to a drug test. An unimpaired young driver could be convicted under this unjust bill after a crash where they are not even at fault — despite exhibiting no sign of impairment.

There is no need for this unjust, overbroad law. Montana already criminalizes impaired driving, and driving with up to 5 nanograms per milliliter of THC in one's system.