HELENA, Mont. -

The state is appealing a ruling by a state judge in northwestern Montana who said fees charged for the state's 24/7 sobriety program amount to pretrial punishment.
    
The attorney general's office says the Feb. 5 ruling by District Judge James Wheelis of Libby applies only in Lincoln County.
    
Under the 24/7 program, people charged with a second or subsequent drunken driving offense can be ordered to pay for periodic breath tests or an alcohol monitoring bracelet.
    
The judge's decision came in the case of a man with a 2006 DUI conviction who was arrested for DUI in April 2013. The man missed or was late for three tests and was charged with contempt of court. The man appealed the contempt charges, arguing the 24/7 law was unconstitutional.
    
Wheelis agreed.