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State v. West2/25/1992
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The penalty for a second conviction for driving under the influence of alcohol or drugs requires "a fine of not less than $300 or more than $500 and by imprisonment for not less than 7 days, at least 48 hours of which must be served consecutively, or more than 6 months." In addition to the incarceration and fine, § 61-8-714(4), MCA (1989), requires in part:
" he defendant shall complete an alcohol information course at an alcohol treatment program approved by the department of institutions, which must include alcohol or drug treatment, or both."
The Idaho Supreme Court addressed a similar issue in State v. Pruett (Idaho 1969), 428 P.2d 43. The defendant argued that suspending the license of a person convicted of reckless driving increased the penalty for such offense beyond the jurisdiction of the Justice Court. The Court held that:
" he revocation of a driver's license is not a part of the penalty provided for violation of our statute prohibiting driving while intoxicated such that the jurisdiction of the justice court was exceeded. The conclusion therein that the deprivation of a driving right or privilege is for the protection of the public and not punishment of the individual. . . ."
Pruett, 428 P.2d at 49.
The purpose of requiring attendance at an alcohol or drug treatment program is to protect the public from habitual DUI offenders. The legislature mandated rehabilitation as well as punishment in an effort to reduce the number of fatalities related to drinking and driving on Montana's roads and highways. Requiring a DUI offender to attend an alcohol treatment program serves the purpose of protecting the public and not punishing the individual.
With regard to defendant's allegation that paying a $300 fine and costs totaling more than $500 exceeds the maximum penalty imposed for misdemeanor offenses, Montana's criminal code recognizes a distinction between the assessment of fines and costs. Fines are a monetary punishment imposed when an individual pleads guilty or is convicted of a criminal offense. Section 46-18-231, MCA (1989). Cost are paid by a convicted defendant to reimburse the State for expenses "specifically incurred by the prosecution in connection with the proceedings against the defendant." Section 46-18-232(1), MCA (1989). In addition, costs are imposed only at the sole discretion of the district court judge. State v. Pease (1987), 227 Mont. 424, 434, 740 P.2d 659, 665.
We hold that the imposition of a $300 fine, costs, incarceration, and treatment included in defendant's sentence does not amount to a felony and that the Justice Court had original jurisdiction.
VI
Whether the District Court erred when it excluded jury instructions that the State must prove that the defendant acted purposely and knowingly.
Defendant based this contention on the premise that driving under the influence is a felony. For reasons discussed above, we hold that the District Court did not err in refusing jury instructions requiring the State to prove mental intent.
CHIEF JUSTICE TURNAGE and JUSTICES GRAY, McDONOUGH and TRIEWEILER concur.
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