Overturn of Sober Driving Program Only Valid in Lincoln County - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

Overturn of Sober Driving Program Only Valid in Lincoln County

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HELENA -

A recent ruling to strike down the 24/7 sobriety program will only apply to Lincoln County, allowing the program to continue in dozens of counties across the state.

Attorney General Tim Fox made the announcement Thursday that District Judge James Wheelis' ruling against the sober driving initiative will only carry weight in the 19th Judicial District, home to Lincoln County and the town of Libby.

The 24/7 program was passed by the state legislature in 2011 and gives local courts the power to order daily breath tests for people charged with driving under the influence before they go on trial.

On February 5, Judge Wheelis said the costs of the pre-trial program for the defendant can be unconstitutionally high.

Officials from Fox's office say the attorney general has also filed an appeal to the Montana Supreme court that would overturn Wheelis' decision and put the 24/7 program back into affect in the 19th District.

They did not say if and when the Supreme Court is supposed to take up the case.

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