Bobby’s law

bobby’s law: justice for montana 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.

why was bobby’s law 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?

After all of your support, we were able to pass Bobby’s Law in Montana. You can read more about it here.

We cannot thank you enough!