For most of us in Florida the idea of driving around with an open container of alcohol in our cars is nothing more than a Florida DUI arrest waiting to happen. It has been many years since Floridians could drive around town with an open can of beer or a drink in a plastic cup. That isn’t the case in Montana though. Up until 2005 it was still legal to drink and drive in Montana despite the fact that Montana ranked near the top of per capita drunk driving deaths.
A recent DUI crash that took the life of a highway patrolman might finally be the catalyst for Montana to catch up with the rest of the nation when it comes to DUI penalties. According to an article on Fox News’ website, Montana’s anti-government attitude, lack of public transportation, isolated roads and a saloon era mentality toward drinking has added up to a deadly combination as far as drinking and driving is concerned. It is still common to see bars offer to go cups to patrons before they hit the road.

Montana law makers struggled to pass an open container law just a few years ago and the article describes a justice system where DUI penalties for ninth and tenth DUI offenders are lacking teeth. Repeat DUI offenders are quickly moved through the system that has seen judges willing to accept plea bargains with cut rate sentences.
The change in the enforcement of DUI laws began with a high profile death. Montana Highway Patrolman Michael Hayes was killed in a head-on collision with a drunk driver. The man in the car that killed the trooper was served 13 drinks in 3 ½ hours. The judge in the case reflected the state’s change in attitude when he threw out a plea bargain with the bartender that served the drinks and ordered mandatory jail time.