(Helena, MT-Jackie Yamanaka, YPR) – A bill that would close a loophole in Montana law that allows suspected drunken drivers avoid taking a breath/blood test is one step closer to becoming law.

The Montana House of Representatives gave final approval to Senate Bill 42 after making a few changes. If the Montana Senate agrees, the final stop for the bill is Governor Brian Schweitzer’s desk.

The bill is part of a package of bills aimed at addressing DUI in Montana.

According to a report prepared for the Law and Justice Interim Legislative committee, in 2008 the state had the highest alcohol-impaired fatality rate in the nation and nearly 40% of all traffic fatalities involved alcohol, the third highest percentage in the country.

Dealing with DUI is one of the priorities at the 2011 Montana Legislature.

Senate Bill 42 would allow a law enforcement officer to contact a judge for a search warrant to obtain the blood alcohol content (BAC) of a driver pulled over for a suspected DUI offense but refuses a breathalyzer test.

“This is another piece of the puzzle we can put together to make our highways safer,” says Representative Steve Lavin of Kalispell.

Lavin is a Montana Highway Patrol Officer who has pulled over suspected drunk drivers.

“DUI is a serious crime that kills people and ruins families in this state,” he said.

The bill has been amended to say that a search warrant to obtain evidence can only be sought if the person has a prior refusal or DUI conviction or is awaiting trial on a pending offense.

SB 42 is part of a package of bills aimed at addressing DUI with the emphasis on community based monitoring and treatment rather than jail time.