NCJ Number
112126
Date Published
1985
Length
39 pages
Annotation
This manual presents Montana's procedures for apprehending, adjudicating, sentencing, and treating drunk drivers along with statutory references pertinent to these procedures.
Abstract
The basic steps of apprehension discussed are the determination of particularized suspicion, stop of the vehicle, blood-alcohol-concentration test, and filing of the complaint. Court cases and statutory references bearing on these steps are reviewed. The adjudication stages discussed are the initial appearance, arraignment, and trial when a not-guilty plea is entered. Particular attention is given to the rights of the defendant. Relevant court cases and statutory references are included. In discussing sentencing, penalties for driving under the influence (DUI) and DUI per se are considered separately, since they are different. One of the central features of DUI sentencing is attendance at an alcohol information course and alcohol or drug treatment if deemed necessary by the counselor conducting the course. The program is called an Assessment Course/Treatment Program (ACT). Procedures for implementing sentences and the ACT Program are detailed, and pertinent statutory references are provided. Appended sample processing forms.