Bobby’s law

support HB267: justice for victims of drunk driving fatalities

HB267, commonly known as Bobby’s Law, seeks to recognize a driver's high blood alcohol concentration (BAC) in fatal accidents as inherent gross negligence. Under current law, a high BAC is not explicitly considered criminally negligent, despite the significant impairments caused by severe intoxication. Read the bill in it’s entirety here.

why was hb267 drafted?

HB267 was drafted in response to the tragic death of Bobby Dewbre in 2023. After celebrating his 21st birthday, Bobby was crossing the street to get into his sober ride home when he was struck and killed by a drunk driver. The driver’s blood alcohol concentration (BAC) was more than double the legal limit, measuring 0.20%.

Because Bobby was not in a crosswalk, the driver's BAC alone was not enough to convict him of Vehicular Homicide While Under the Influence, despite the obvious effects of his intoxication, which impaired his ability to avoid roadside hazards like pedestrians. Instead, the driver was charged with Carelessness Resulting in Bodily Injury or Death and Aggravated Driving Under the Influence, receiving the maximum sentence of just 18 months.

Under Montana state law, a BAC of 0.16% is considered aggravated — the level at which alcohol has significant and measurable effects on the body. These effects include, but are not limited to, loss of balance, vomiting, short-term memory loss, heavily impaired judgment, and severely delayed or non-existent reaction times.

How can I help?

The best way you can help is to CONTACT YOUR STATE SENATORS. This can be done by phone, email, or mail. Let them know how you feel about our current drunk driving laws and ask them to support Bobby’s Law (HB 267).

If you need help finding your representative, click here. If you are still having trouble, feel free to reach out to us at montanabarfairies@gmail.com, and we will help you find them!

Here is a script you could use to call your senator:

Hello Senator [Name],

My name is [Your Name], and I live at [Your Address]. I'm calling to urge you to support Bobby’s Law (HB 267), which aims to close a critical loophole that makes it difficult for prosecutors to prove negligence in fatal DUI cases.

This law is an important step toward ensuring justice for the families who have lost loved ones to DUI-related accidents. It would also serve as a deterrent for individuals who continue to drive under the influence, knowing that the current laws are not holding offenders accountable as they should.

As a concerned member of this community, I believe we cannot allow the status quo to continue. Fatal DUI accidents are devastating, and the current system isn't providing the justice that victims deserve. Bobby’s Law will help protect our community and prevent further tragedies.

I urge you to support this important legislation, so we can make Montana a safer place for everyone.

Thank you for your time and consideration.

Here’s a script you could use to email your senator:

You are also welcome to send an email in your own words.

Feel free to copy this list of all of our Montana State Senators and send the email to all of them at once.

Dan.Bartel@legmt.gov; Becky.Beard@legmt.gov; Kenneth.Bogner@legmt.gov; Ellie.Boldman@legmt.gov; Mike.Cuffe@legmt.gov; Willis.Curdy@legmt.gov; MaryAnn.Dunwell@legmt.gov; Janet.Ellis@legmt.gov; Jason.Ellsworth@legmt.gov; Daniel.Emrich@legmt.gov; John.Esp@legmt.gov; Steve.Fitzpatrick@legmt.gov; Pat.Flowers@legmt.gov; Michael.Fox@legmt.gov; Chris.Friedel@legmt.gov; John.Fuller@legmt.gov; Bruce.Gillespie@legmt.gov; Carl.Glimm@legmt.gov; Denise.Hayman@legmt.gov; Greg.Hertz@legmt.gov; Steve.Hinebauch@legmt.gov; Greg.Hinkle@legmt.gov; Kathy.Kelker@legmt.gov; Mike.Lang@legmt.gov; Dennis.Lenz@legmt.gov; Ryan.Lynch@legmt.gov; Forrest.Mandeville@legmt.gov; Theresa.Manzella@legmt.gov; Edie.McClafferty@legmt.gov; Edie.McClafferty@legmt.gov; Wendy.McKamey@legmt.gov; Brad.Molnar@legmt.gov; Mark.Noland@legmt.gov; Shannon.OBrien@legmt.gov; Andrea.Olsen@legmt.gov; Christopher.Pope@legmt.gov; Keith.Regier@legmt.gov; Walt.Sales@legmt.gov; Dan.Salomon@legmt.gov; Jason.Small@legmt.gov; Russ.Tempel@legmt.gov; Jeremy.Trebas@legmt.gov; Barry.Usher@legmt.gov; Shelley.Vance@legmt.gov; Terry.Vermeire@legmt.gov; Susan.Webber@legmt.gov; Jeff.Welborn@legmt.gov; Daniel.Zolnikov@legmt.gov

Subject: Support Bobby’s Law (HB 267)

Dear Senator [Name],

I am writing to voice my support for Bobby’s Law (HB 267), which will be presented before the Senate Judiciary Committee on March 27, 2025. This law would impose harsher penalties on drivers with a blood alcohol concentration (BAC) of 0.16% or higher who cause fatal accidents.

Driving while heavily intoxicated is inherently negligent and should be regarded as such under the law. According to MDoT/FARS, between 2019 and 2022, 335 people were killed in crashes involving alcohol-impaired drivers (BAC 0.08+). Of those, 72% (241 fatalities) were caused by drivers with BACs twice the legal limit (0.15+). This pattern isn’t limited to Montana—nationwide, 68% of DUI fatalities involve drivers at these extreme levels of intoxication.

This data demonstrates that the majority of DUI fatalities are not caused by drivers who simply had one drink too many at dinner. Instead, they involve individuals who are undeniably and inexcusably drunk and have no business driving.

Currently, high BAC is not considered inherently negligent under Montana law. This loophole allowed the driver responsible for Bobby Dewbre’s tragic death in 2023 to evade more severe charges. Bobby’s Law would address this glaring oversight and bring justice to victims and their families.

As your constituent, I urge you to support HB 267 and help close this dangerous gap in our DUI laws.

Thank you for your time and support.

Sincerely,
[Your Name]