A line of protesters stood quietly before Flathead County Justice Center last week, their signs bearing phrases such as, “No more catch and release,” “Who will be next?” and “Montana is #1 in DUI fatalities nationwide.” Passing cars offered an occasional honk of solidarity. 

The peaceful advocates for tighter DUI laws and harsher sentencing appeared proceeding the arraignment of Dal Segall, 41, of Corvallis on Thursday, Jan. 9.

Segall is charged with one felony count of vehicular homicide while under the influence and three felony counts of negligent vehicular assault. He was arrested following a head-on collision on Dec. 1, where he allegedly attempted to pass another vehicle in a no-passing zone on Montana 83 near the intersection with Echo Lake Road.  

The crash resulted in the death of 33-year-old Wyatt Potts of Kalispell and the injury of three others, including Segall’s own passenger. Potts’ fiancé, Teressa Brandt, reportedly remains in a coma due to the incident.  

Potts and Brandt were leaving a baby shower at Swan River Community Hall when the accident occurred.  

Among the picketers asking for change on Wednesday were Potts’ mother Mary Latta and her husband Rick Latta.  

“So many people are dying, there’s so many accidents,” Rick Latta said. “We just need to see the laws get a little stricter and quit plea bargaining them out.”  

The accident was part of an uptick in suspected DUI-related incidents around the holidays. Near Woods Bay, a suspected drunk driver was ejected from their vehicle and killed in a wreck on Dec. 15. Around Thanksgiving, a head-on collision on Montana 35 resulted in the death of a Bigfork woman and severe injury of her husband, though drugs and alcohol have not been confirmed as factors. Kicking off 2025, a Kalispell woman died in a suspected DUI incident on Highway 35 in Creston New Year’s Day.  

Earlier in 2024, drugs were suspected in a head-on collision on Montana 83 that resulted in the death of a local woman and injury of three others in August.  

“As a community, we’re just more and more upset. We’ve got to stay in this and we’ve got to hammer this in and bring back our town. We’re just not safe,” said Jackie Elm of Kalispell, who organized Wednesday’s picket.   

Montana has consistently faced heavy DUI statistics; Forbes ranked the state number one in the nation for drunk driving fatalities in spring of 2024. Montana’s open container law prohibiting the possession of an open alcoholic beverage in a vehicle was not put in place until 2005.  

“We are down on [DUI] fatalities in the state, but I think we’re still number one in this county for fatality crashes,” Flathead County Sheriff Brian Heino said.  

In Flathead County, over 40% of highway fatalities were alcohol-related between 2013 and 2022 according to a study by Montana Department of Transportation. MDT reported 191 people died on Montana’s highways last year, with impaired driving contributing to 108 of those deaths. 

Montana Highway Patrol investigates all crashes in Flathead County, and Sheriff’s deputies have been requested to patrol between calls. However, while Montana counties average one sheriff’s deputy per 1,000 service population, Flathead County employs only 0.8 per 1,000 to cover a 5,200 square mile area. The county has received a grant for one traffic enforcement position that covers the entire area.  

“MHP of course is also in a similar spot covering the district with a small number of highway officers.  The Sheriff’s Office covers all criminal complaints as well, so often we have to prioritize high risk calls that come in over proactive traffic measures,” Heino said.  

Heino is also the elected county coroner and noted that each tragedy that comes his way, he witnesses how families and first responders are affected.  

“We are working with many to look at the laws pertaining to DUI, and how we better serve our communities,” Heino said. “The struggle we have is that there are only so many to cover such a large area while we watch it grow dramatically. “  

During the December accident on Montana 83, law enforcement dealt with a vehicle fire, death, transport of three injured individuals, and a reportedly aggressive suspect all at once. 

“Before they could hardly get Wyatt’s body gone, they were called out to another chase on Foys Lake,” Mary Latta said of the incident. 

“The people that were there at the accident, the volunteers and the law enforcement, they were so helpful,” Rick Latta said, voicing the family’s support for first responders. “They were stretched so thin that it was actually a game warden that came and was attending and the first law enforcement on the scene.” 

The community has taken DUI prevention into their own hands with the help of Montana Bar Fairies, a group that works to reward people that choose not to drink and drive by leaving $5 coffee shop gift cards on the cars of those sleeping in bar parking lots. They also receive a victim card, with a story of locals killed by drunk drivers. 

The project started about a year ago after the death of Bobby Dewbre, who was hit by a drunk driver while crossing the road to his sober ride on his 21st birthday in Columbia Falls. The driver reportedly had a BAC of 0.20, over twice the legal limit.  

This New Year’s, Montana Bar Fairies was able to cover every city in the Valley for the first time. And this session, Bobby’s Law, LC1340, will appear before state legislators. 

Carli Seymour, who established Montana Bar Fairies with her mother Beth McBride, helped make signs with petitioners at Wednesday’s picket at Flathead County Justice Center.  

“My brother Bobby was killed by a drunk driver in March of 2023, and his driver was only sentenced to 1.5 years -- he’s actually in this building now -- and misdemeanor crimes,” she explained as she worked.  

LC1340 is set to be introduced by Rep. Braxton Mitchell, R-Columbia Falls. The act would create the crime of aggravated vehicular homicide while under the influence; which would carry a state prison term between three and 30 years and fines between $10,000 and $50,000. Imposition of a sentence could not be deferred. The act would target offenders with a blood alcohol content over 0.16. 

“When someone has a BAC of 0.16 or higher, a person knows they are drunk. They have no business driving...,” Mitchell said. “The BAC matters. Justice is owed to the families of victims killed by people who knowingly drive when dangerously drunk. Jail time should be mandatory.” 

The bill is set to go before the House Judiciary Committee in Helena on Jan. 27. As Majority Whip, Mitchell believed legislators would be behind the bill.  

“I’ve been speaking with my colleagues, and they all understand how bad things have gotten. Our state is an embarrassment nationally. With this statistic of 72% of all DUI fatalities in Montana involving a high BAC, it’s common sense,” Mitchell said.  

Segall and his defense appeared before Judge Heidi Ulbricht via Zoom for Thursday’s arraignment, a full courtroom watched the screen as he pled not guilty to all charges, resulting in scattered exclamations from the audience.   

The defense asked that the conditions of release be modified to allow Segall to remain in contact with the passenger of his vehicle at the time of the incident. Ulbricht ultimately denied the request citing concerns relating to Segall speaking with a victim and witness to the incident. An order from Ulbricht in early December set conditions of release including a $500,000 bond, SCRAM alcohol monitoring bracelet and GPS tracking for Segall. 

The maximum penalty for negligent vehicular homicide while under the influence is 30 years in Montana state prison with a maximum fine of $50,000. For negligent vehicular assault, the maximum sentence is 10 years with a maximum fine of $10,000. The jury trial for the case will begin Sept. 8. 

“They shouldn’t be getting off, for their sake,” Mary Latta said. “And now this guy’s killed somebody. It could have been stopped before he killed somebody... He’s got to carry that for the rest of his life... I actually kind of feel sorry for him.” 

    Picketers gather outside Flathead County Justice Center in Kalispell to advocate for harsher DUI laws and sentencing Wednesday, Jan. 8 proceeding Dal Segall’s arraignment the next morning. (Avery Howe/Bigfork Eagle)
  

    Carli Seymour with the Montana Bar Fairies works to make picketing signs in front of Flathead County Justice Center on Wednesday, Jan. 8. (Avery Howe/Bigfork Eagle)
  

    A Montana Department of Transportation map shows Flathead County amongst the highest DUI roadway fatalities in the state between 2013-2022. (Courtesy/MDT)