Bobby's Law, named after Bobby Dewbre who was killed by a drunk driver, is making its way through the Montana state legislature. This proposed bill introduces the crime of "aggravated vehicular homicide while driving under the influence" to hold drunk drivers accountable.
BOZEMAN, Mont. – House Bill 267, known as Bobby's Law, is progressing through the Montana state legislature and aims to revise laws related to driving under the influence.
Bobby's Law introduces a new crime called "aggravated vehicular homicide while driving under the influence." The law is named after Bobby Dewbre, who was killed by a drunk driver in Flathead County on his twenty-first birthday.
Carli Seymour, Dewbre's sister and a proponent of the bill, emphasized the need for accountability for drunk drivers at Thursday’s hearing. Seymour said she was there to advocate not only for her family, but for those who might be impacted by drunk drivers in the future.
"We cannot continue to be complacent when the reality is that your constituents are being peeled off the pavement and sent to the morgue with shocking unacceptable regularity. This law is not about vengeance, it’s about accountability," she said.
The amended text of the bill states, “A person commits the offense of aggravated vehicular homicide while under the influence if the person causes the death of another human being while the person is operating a vehicle... and is charged with aggravated driving under the influence as defined.”
Read the full text of the bill here.
In Montana, driving with a blood alcohol content of 0.15 or above is considered an aggravated DUI.
Dewbre’s mother, Elizabeth McBride, also provided comment, with permission from Senate Judiciary Committee Chairman Barry Usher to take four minutes for comment instead of two.
"A BAC of 0.16 or higher is deadly. What does this look like? It’s six beers and three shots – it's an entire bottle of wine on an empty stomach. No one in their right mind thinks it’s okay to drink like that and then get behind the wheel of a car. But that’s what some Montanans do," she said.
Data provided by the Montana Department of Transportation reveals that between 2013 and 2022, 2,051 people died in car crashes in Montana. Of these, 727 involved drivers under the influence, with 526 having a BAC twice the legal limit. A total of 797 people were killed in DUI crashes during this period.
Bill proponent Jessie Hanson’s daughter Brooke was killed by a woman driving under the influence several years ago. Jessie shared her personal perspective during public comment saying, "The thing about the driver being so heavily intoxicated is that her memory of that night is fuzzy. Whereas mine is so vivid, it’s so crystal clear. How can the person that commits this type of crime truly grasp what they have done if they don’t have tough consequences to face?"
During the hearing, many proponents, including many other family members of those killed by drunk drivers, voiced their support. No opponents provided public comment. The bill proposes a mandatory minimum sentence of three years in prison, a maximum of 30 years, or a fine ranging from $10,000 to $50,000.
Chairman Usher suggested amending the bill to clarify its language and separating it from the regular aggravated DUI charge. A vote on the bill is expected in the coming week.
