Mont. culture of drinking and driving at a crossroads

September 1, 2010 at 12:00a.m.

Associated Press

HELENA, Mont.

Montana has long had a reputation as a place where you could crack open a beer while driving down the interstate just about as fast as you liked.

Until 2005, when the state came under heavy duress from the federal government, it was legal to drink and drive in many places. And a few years before that, there wasn’t even a speed limit on major highways and in rural areas.

But spurred by the high-profile death of a highway patrolman at the hands of an intoxicated driver, Montana’s Old West drinking-and- driving culture is retreating. Judges are rejecting lenient plea deals, and law-enforcement leaders are exploring various ways of keeping track of repeat offenders.

Even the Legislature, which just a few years ago struggled mightily to ban open containers of booze in cars, is beginning to promise tough new laws. This comes after years of virtually ignoring the state’s ranking at or near the top of per-capita drunken-driving deaths.

Montana has long been tolerant of drivers who drink.

Some small-town bars still offer cocktails in a to-go cup. Repeat DUI offenders are shuttled in and out of the system before they have a chance to sober up.

Montana has many isolated roads and almost no public transportation. A saloon-era attitude toward drinking, coupled with Montana’s libertarian streak that eschews tough law- enforcement combine for a deadly scenario, experts say.

A statewide conversation started last year after the high-profile death of Montana Highway Patrol trooper Michael Haynes — killed in a head-on crash after a bartender served the other driver 13 drinks over 31/2 hours. The judge in that case sent a message by throwing out a plea deal against the bartender in favor of mandatory jail time.

Headlines in the state have since been full of repeat offenders’ being charged with a ninth or even 10th DUI, keeping editorial pages abuzz with demands for a solution.

“Obviously it’s very exciting to see the change. It is a huge part of the culture here, drunk driving, binge drinking and underage drinking,” said Tawny Haynes, the widow of the officer who was killed. “Alcohol just seems to be way of life around here, a rite of passage. I have nothing against alcohol; you just have to be responsible.”

Haynes said she feels compelled to honor her husband — who led all troopers in DUI arrests before being killed — by giving a face to the problem.