Legislation mandating harsher penalties for drunk drivers is poised to reach the governor’s desk after receiving near-unanimous support from the state Senate.

At a March 27 Senate Judiciary Committee hearing, numerous Flathead Valley residents testified in support of the measure, including the family of Robert “Bobby” Dewbre, the legislation’s namesake. 

“This law is not about vengeance. It is about accountability. It is about ensuring that the punishment fits the severity of the crime and that reckless choices carry appropriate consequences,” said Dewbre’s sister, Carli Seymour. 

In 2023, Dewbre was struck and killed by a car while crossing a road outside Columbia Falls. The driver, John Lee Wilson, had a blood alcohol content of 0.20, over twice the legal limit of 0.08. 

Despite what seemed like a clear case of drunk driving, the county attorney decided not to press charges for felony vehicular homicide while driving under the influence. The felony conviction requires the prosecution to prove a driver was acting negligently, which could have proven problematic as Wilson was reportedly following all traffic laws leading up to the fatal collision. Instead, Wilson was charged with two misdemeanors and eventually received the combined maximum sentence of 18 months. 

Under House Bill 267, colloquially known as Bobby’s Law, driving with a blood alcohol level at or above 0.16 would be considered inherently negligent, allowing prosecutors to more easily pursue serious legal charges for drunk driving incidents. If found guilty, offenders would face a state prison term of three to 30 years, a fine between $10,000 and $50,000 or both. 

“Getting behind the wheel at over twice the legal limit is inherently negligent,” testified Dewbre’s father, Robert Dewbre. “This is not a radical stance. This is common sense.” 

If passed, Bobby’s Law would not retroactively impact Wilson’s sentencing, but the issue of drunk driving extends far beyond the Flathead Valley. A recent report from Forbes found that Montana has the highest per capita rate for drunk driving fatalities, with 7.14 people killed in drunk driving incidents for every 100,000 state residents.  

Proponents of Bobby’s Law, including the Montana Department of Transportation and the Montana County Attorneys Association, say harsher penalties will help serve as a deterrent to drunk drivers. 

“It’s clear that we are an embarrassment nationally, and that the status quo cannot continue,” said the bill’s primary sponsor, Rep. Braxton Mitchell, R-Columbia Falls. 

Several other lawmakers from the Flathead Valley have signed on as co-sponsors for Bobby’s Law. 

While a few Democratic lawmakers balked at the bill’s mandatory minimums, Bobby’s Law has largely been met with bipartisan support. It passed the House with a 94-6 vote in February. The Senate passed the bill on April 15 with a 45-4 vote.  

The legislation now moves back to the House for final approval of what Sen. Sue Vinton, R-Billings, called a “small technical amendment,” altering some of the language in the bill. If the House concurs in the amendment, Bobby’s Law will move to the governor’s desk for final approval. 

Reporter Hailey Smalley can be reached at [email protected] or 758-4433.