New Changes Made To The Montana DUI Law

There is a new Montana law that has increased the penalty for drivers under the influence of alcohol who kill a person. Montana's DUI laws have seen many changes over the years, but this new penalty is very important and much needed.

The new Montana law is House Bill 267, known as Bobby’s Law, and it honors life of Bobby Dewbre of Columbia Falls, Montana. According to a press release from the Governor's office:

"Bobby Dewbre was a young Montanan killed in December 2023 when crossing the street in Columbia Falls on his 21st birthday."

In plain English, his law strengthens the penalties for those who kill someone under the influence of alcohol. The minimum penalty has been established, and it's a strong starting point.

"Signing into law House Bill 267, sponsored by Rep. Mitchell, the governor established Bobby’s Law, a new Montana law that imposes a minimum three-year sentence for drivers guilty of killing a person under the influence with a blood alcohol concentration double the legal limit."

Montana DUI Quick Reference Manual

Montana has an embarrassingly poor history of DUI related deaths. In 2023, 34% of all fatalities in Montana were the result of alcohol-impaired driving. Remember the basics:

• .08% BAC is the “legal limit” or per se under the influence level
• In Montana, you may be arrested and charged for driving under the influence if you are impaired and/or your blood alcohol content (BAC) is over .08%
• If you drive a commercial vehicle, the BAC limit is .04%.
• If tests reveal the presence of drugs in your system in a blood test, you may be charged with a DUI-Drugs offense.
• Twelve ounces of ordinary beer contains the same amount of alcohol as a shot of liquor or a glass of wine.
• Montana has the highest record of alcohol related fatalities in the nation
• Effective October 1, 2005: Montana bans open containers in motor vehicles: "Unlawful Possession Of Open Alcoholic Beverage Container In Motor Vehicle On Highway"

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How does the State of Montana define an 'open container'? "A bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage that is open or has a broken seal or the contents of which are partially removed or are immediately capable of being consumed."