Legislature passes law to increase penalties for drunk driving fatalities

A bill strengthening Montanan’s DUI laws had its first hearing before a committee in mid-January, and is now inches away from crossing the legislative finish line.

House Bill 267, known as “Bobby’s Law,” has passed both chambers and been sent to Gov. Greg Gianforte, who is widely expected to sign it. 

The bill, carried by Rep. Braxton Mitchell, R-Columbia Falls, establishes the crime of aggravated vehicular homicide while under the influence. A conviction would mandate a three-year minimum prison sentence, a minimum fine of $10,000 and prevents a judge from delaying or suspending the sentence. 

“This bill sends a clear message: If you kill someone in this state while driving, and you’re extremely impaired, that you will finally face real justice,” Mitchell said during a Senate Judiciary Committee hearing last month. 

A recent Forbes rating of the worst states for drunk driving, based on the percent of traffic deaths caused by drunk drivers, ranked Montana No. 1, with 8.57 DUI-related fatalities per 100,000 drivers. 

Data from the Montana Department of Transportation shows that during the last decade, between 33% and 45% of all car crash fatalities in the state involve alcohol impairment, with Yellowstone, Big Horn, Missoula and Flathead Counties having the highest percentage of roadway fatalities involving alcohol. 

But beyond the data, the bill was personal for Mitchell, who was friends and neighbors with Bobby Dewbre, who was killed by a drunk driver in 2023. 

“The worst part of all this is that the person who killed him barely faced any consequences,” Mitchell said. “…I’ve worked with Bobby Dewbre’s family to craft a law to seek justice for other families who may face this horrific experience.”

More than 80 people testified in favor of the bill during its hearing before the House committee, and dozens showed up again to testify in the Senate.

Elizabeth McBride, Dewbre’s mother, and other members of his family testified about getting the call about her son’s death and what her family and community went through when the driver was charged with two misdemeanors. 

“We’re not suggesting that people stop drinking, but we are imploring you to send the clear message that getting drunk and then getting behind the wheel will not be tolerated,” McBride said. “…Drunk driving is a choice. It is not legal, and it is 100% avoidable.”

McBride helped found a nonprofit called Montana Bar Fairies, dedicated to “change the drinking and driving culture in Montana.” The organization, which has chapters in four counties, strongly advocated for Bobby’s law and works with local communities and bars to boost DUI awareness. 

One part of the group’s outreach involves sending out volunteers every weekend to leave $5 gift cards to local coffee shops on cars left in bar parking lots overnight, a small incentive they hope builds big results. 

Patricia Hinchey, director of the Bozeman chapter of Montana Bar Fairies, said that growing up in the state, she always had an earlier curfew than her friends due to the high number of impaired drivers on the road. 

“As I’ve gotten older, I’ve come to realize how unsafe Montana’s roadways are. Driving should not be something that makes me so fearful, but I’m scared to drive, not just at night, but at any time of the day,” Hinchey said. “This needs to change.”

The law, Mitchell said, fixes a gap in the legal system and increases accountability for individuals who make the choice to drive under the influence.

“We’ve heard from the Department of Transportation, law enforcement agencies, police groups, from county attorneys, bar owners, business owners and just average everyday residents across the state,” he said. The new law will show that “our state is finally committed to reducing these incidents and making roads safer for all residents and visitors.”