Act 59 of 2022 (HB 773) was recently signed into law by the Governor. Known as “Deana’s Law” for the 45-year-old Deana DeRosa Eckman, late, of Delaware County, who lost her life when she was hit head-on by driver who was later convicted of his sixth DUI, aims to lengthen statutory sentences for repeat DUI offenders.
Deana’s Law amends DUI grading under Pennsylvania Motor Vehicle Code Title 75 §3803 creating a new Felony of the Second Degree if the person has three or more prior offenses. It also amends Pennsylvania Motor Vehicle Code Title 75 §3804 Penalties (c.2) and requires consecutive sentences when the person has two or more prior offenses. Mandatory consecutive sentencing is not currently required for DUI offenses.
In effect, Deana’s Law increases the grading of offenses—and the potential length of the sentence—for someone convicted of a fourth DUI if they have drugs in their system or a high blood alcohol content.
The law upgrades a DUI charge to a third-degree felony if a driver has two or more previous DUI convictions, and to a second-degree felony punishable by 5-10 years in prison and $25,000 in fines if the driver has three or more convictions. That would subsequently result in an 18 month license suspension. This also includes individuals with prior offenses who refuse a chemical test. It also mandates that judges sentence DUI offenders to consecutive prison terms after their second DUI conviction, putting them behind bars for longer. More specifically, it would require the court to impose a mandatory sentence to be served consecutive to any other sentence imposed by the court for those with two or more prior offenses.
In 2018 alone, the Pennsylvania law makers enacted 9 new penalties and 1 new offense for DUI-related charges. This most recent law will take effect in 120 days.
If you have been stopped for DUI, trust the experienced criminal defense attorney at Mooney Law. Call today for a consultation at 717-200-HELP or 717-632-4656. You can also email us at info@mooney4law.com. Additionally, you can fill out a schedule a consultation form here on our website.
