HELENA — Monday at the State Capitol, family and friends of people killed by drunk drivers told their stories, to make the case for tightening Montana’s DUI laws.
The House Judiciary Committee held a hearing Monday morning on House Bill 267, called “Bobby’s Law.” It would create a new criminal offense: aggravated vehicular homicide while under the influence.
The name memorializes Bobby Dewbre, who was celebrating his 21st birthday in March 2023, when he was hit and killed by a drunk driver outside Columbia Falls.
“It's so important to us as a family to know that through this tragedy, we're doing something positive,” said Carli Seymour, Dewbre’s sister. “We're trying to find some way, so that it doesn't feel that Bobby died in vain. And so this has been a healing experience for us.”
Seymour was just one of Dewbre’s family members there for the hearing, along with his mother Beth McBride and his father Robert Dewbre. They were joined by more than a dozen others from Flathead County – each of them affected by DUI in some way.
“We don't even really have any anger towards the man who killed our son, but we want to see some changes,” said Rick Latta, stepfather of Wyatt Potts, who was killed last year in a crash near Bigfork. “We want to see things happen where there are some consequences, there's some deterrence, to where people begin to think twice before they take a chance of killing someone.”
Rep. Braxton Mitchell, R-Columbia Falls, who’s sponsoring HB 267, grew up near Dewbre. He said Monday the goal of the bill is that someone would face a tougher penalty if they cause someone’s death while meeting the definition of “aggravated DUI” – having a blood alcohol level at least twice the legal limit or driving while their license is suspended for a previous DUI.
Mitchell said the bill still needs to be amended, but his intention is that an aggravated vehicular homicide charge wouldn’t require prosecutors to prove the driver acted negligently. Currently, that’s one required element to charge a driver in these cases with a felony instead of a misdemeanor.
Travis Ahner, the Flathead County attorney, told lawmakers during the hearing that proving negligence is usually the most difficult part of prosecuting a vehicular homicide case – including Dewbre’s case, where he said he would have been able to pursue a felony charge if this bill had been in place.
Beth McBride said she had been angry her son’s death had only led to a misdemeanor charge, and she wanted to see what she called a loophole in the law addressed.
“If this law passes – or dare I say, when this law passes – what it does is it sends a message to all of Montana that we are now starting to take things seriously,” she said.
No one spoke in opposition to HB 267 during Monday’s hearing.
While McBride believes stricter laws could help deter drunk driving, she says it will also take a cultural change in Montana. Many of those in attendance Monday wore shirts highlighting the Montana Bar Fairies, an organization McBride and Seymour created after Dewbre’s death. They leave $5 coffee shop gift cards on vehicles that were left in bar parking lots overnight – a thank-you gift for those who decided not to drive drunk. They also leave cards with the photos and stories of drunk driving victims like Dewbre.
“It's just important to us to honor their memories and also spread that message,” said Seymour. “It reinforces positive behavior rather than shaming people for past decisions.”
The Bar Fairies’ activities have continued to grow, and McBride says chapters have sprung up in Bozeman and in Tacoma, Washington.
The House Judiciary Committee could take action on HB 267 later this week. McBride says she’s optimistic about its chances.
“I am humbled and honored by the love and the support that we have received from everybody,” she said. “It fills my heart and encourages me that we're going to make it to the next step.”
