Representative Kelly told members that Montana troopers are seeing more drivers who mix alcohol with illicit drugs and that current DUI law “inadequately deals with this scenario.” The bill would make driving while knowingly mixing alcohol and illicit drugs and then operating a vehicle a felony in order to remove habitual offenders from the road and, where appropriate, place them in compelled treatment programs.

Kelly said the bill does not set a presumptive chemical level because of variability in drug and alcohol combinations; instead it requires the investigating officer to document driving pattern, inability to safely control the vehicle, and observations of demeanor and signs of intoxication before obtaining tests. “The point of this bill is to take action against those who deliberately drive while they're high,” Kelly said.

There was little floor debate shown in the transcript. The committee reported the bill do pass on second reading; the clerk recorded 65 votes in favor and 35 opposed.