Flathead Valley residents advocate for stricter drunk driving penalties
Jan. 28—"On Mar. 11, 2023, I received the phone call that no mother should ever receive," Flathead Valley resident Elizabeth McBride told lawmakers in Helena on Monday morning.
Testifying for the House Judiciary Committee, McBride recounted her shock and grief when she learned that her son, Robert "Bobby" Dewbre, had been struck and killed by a drunk driver while crossing a road outside Columbia Falls. She detailed the subsequent criminal case, which resulted in a sentence of 18 months in the county jail for the driver, John Lee Wilson.
"Everybody that we have spoken to about this since it happened has been absolutely appalled that the driver was charged with two misdemeanors instead of a felony," said McBride.
McBride's comments were in support of House Bill 267, otherwise known as Bobby's Law, which could result in harsher penalties for drunk drivers. She was among 36 people, including several others from the valley, testifying in favor of the legislation. The bill is designed to address details that may have led to a lighter sentence for Wilson.
While Wilson had a blood alcohol content of .20, over twice the legal limit of .08, he reportedly followed all traffic laws prior to the fatal collision, making it difficult for prosecutors to achieve the burden of proof required for felony charges. The case was complicated by the fact that Dewbre was not in a crosswalk.
"We've had a number of instances of this unfortunately, so it's not just [with] Bobby Dewbre that we've come up against this issue," said Flathead County Attorney Travis Ahner.
If passed, Bobby's Law would make it easier for prosecutors to pursue more serious charges for some drunk driving incidents. The law stipulates that driving with a blood alcohol limit above .16 is inherently negligent, reducing the burden of proof for prosecutors. Offenders could be charged with aggravated vehicular homicide under the influence and face a state prison term of 3-30 years, a fine between $10,000 and $50,000 or both.
While the law will not affect the outcome of Dewbre's case, proponents are hopeful the harsher penalties will serve as a deterrent and curb the state's high DUI rates.
"It's not only a tragedy, all these deaths, it's actually embarrassing for Montana that we're ranking in the top numbers with DUI homicide. This is an embarrassment," testified Kia Ricchi.
The Montana Department of Transportation reported 166 roadway fatalities in Flathead County between 2013 and 2022, 42% of which involved a drunk driver, and Ahner reported that Flathead County saw 429 arrests for driving under the influence in 2024. A yearly report from Forbes ranked Montana as the worst state in the country for drunk driving.
The House Judiciary Committee will vote on the bill on Wednesday. If passed, it could be reviewed by the House later this week.
The bill's sponsor, Rep. Braxton Mitchell, R-Columbia Falls, said that an amendment to strengthen the language in the bill would be available in the coming days.
Reporter Hailey Smalley can be reached at hsmalley@dailyinterlake.com.
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