Montana Imposes Minimum 3-Year Sentence for Drunk Drivers Who Kill

KALISPELL, Mont. — Governor Greg Gianforte signed Bobby’s Law into effect this week, establishing a minimum three-year prison sentence for drivers who kill someone while driving with a blood alcohol concentration double the legal limit of 0.08%.

The new law, passed as House Bill 267, specifically targets the most egregious drunk driving cases – those where drivers have a BAC of 0.16% or higher and cause a fatal crash. Previously, Montana’s sentencing guidelines left more discretion to judges and prosecutors in these cases.

“Bobby’s Law specifically addresses those scenarios when individuals who are under the influence and kill another individual, it gives better options to county attorneys across the state so they can prosecute these tragic events,” said Flathead County Sheriff Brian Heino.

Bobby’s Story

The law is named after Bobby Dewbre, a 21-year-old Columbia Falls man killed in December 2023 while crossing the street on his birthday. The driver who struck him had a blood alcohol concentration of 0.20% – more than double the legal limit.

“When my little brother was killed by a drunk driver, our lives were forever changed,” said Carli Seymour, Bobby’s sister, speaking at a press conference in Kalispell. “The man who hit my brother had a blood alcohol concentration of 0.20, which is more than double the legal limit. And yet, in Montana, this wasn’t seen as outrageous – and until now, there has been very little cultural or legal incentive not to do it.”

The Dewbre family channeled their grief into advocacy, working with Rep. Braxton Mitchell, R-Columbia Falls, to draft the legislation. Mitchell knew Bobby personally.

“Bobby was a friend and a neighbor to me growing up in Columbia Falls. What happened to Bobby wasn’t just tragic, it was preventable and that’s why I brought this bill,” Mitchell said.

Law Enforcement Support

The law has drawn support from law enforcement across party lines, with officers emphasizing both the emotional toll these cases take on first responders and the practical benefits of clearer sentencing guidelines.

“One of the most difficult things for a peace officer to do is to investigate and advise a family member of the death of a DUI tragedy,” Sheriff Heino said. “These tragic events deeply affect all law enforcement officers, victims, their families, and ripples through the first responder community.”

Columbia Falls Police Chief Chad Stephens said the law sends a message of accountability: “This law is a good statement of accountability – to let everybody know that we’re not going to turn a blind eye to it, that we are going to hold people accountable for their actions when it comes to drinking and driving.”

The governor and law enforcement officials stressed that the ultimate goal remains prevention.

“Prevention is simply done by not driving while intoxicated,” Sheriff Heino said.