Deana’s Law Increases Penalties for Repeat DUI Offenders

On February 16, 2019, Deana Eckman was killed after being hit head-on by a drunk driver who had 5 prior arrests for DUI, and a Blood Alcohol Concentration of .199%. The offender received a 24-51 year prison sentence in connection with his crimes.

On November 9, 2022, PA House Bill 773 known as “Deana’s Law” went into effect. This law increases the grading and penalties for repeat DUI offenders and requires consecutive sentencing for certain DUI offenders.

WHAT HAS CHANGED WITH DEANA’S LAW?

Consecutive Sentences Required for 3rd Offense DUI and Subsequent DUI Sentences

The biggest impact of Deana’s Law is the requirement that consecutive sentences be imposed for 3rd DUI and subsequent DUI offenses. Section 3804(c.2) of the Pennsylvania Motor Vehicle Code provides: “that a sentence imposed upon an individual under this section who has two or more prior offenses shall be served consecutively to any other sentence the individual is serving and to any other sentence then being imposed by the court.”

For example, let’s say a person enters a guilty plea to a 2nd Offense Highest Tier DUI, and receives a 90-day to 5 year jail sentence. Thereafter, the person is charged and convicted with a 3rd Offense Highest Tier DUI, and receives a 1-7 year jail sentence. The 1-7 year sentence on the 3rd DUI must be served consecutively to the 90-day to 5 years sentence received for the 2nd DUI. The cumulative mandatory minimum sentence received in this scenario will be 15 months of incarceration, and the cumulative maximums will be 12 years.

Sentencing Enhancements for Highest Tier DUI Offenders with 4 or more prior DUI offenses

Deana’s Law creates a sentencing enhancement for those facing 4th or Subsequent DUI offenses when the DUI is a highest tier offense. Highest tier DUI offenses include cases where the offender’s BAC was above a .16%, any DUI for controlled substances, any DUI where the offender refused breath testing, and any DUI where the offender refused a blood test, and a warrant or court order was obtained.

2nd Degree Felony Grading for Highest Tier DUI Offenders with 3 Prior DUIs

If you accrue a new highest tier DUI offense, and had 3 or more prior DUI convictions (including ARD), your new DUI will be graded as a 2nd Degree Felony punishable by a maximum sentence of up to 10 years in jail and a maximum $25,000 fine.

3rd Degree Felony Grading for Highest Tier DUI Offenders with 2 Prior DUIs

If you accrue a new highest tier DUI offense, and had 2 prior DUI convictions (including ARD), your new DUI will be graded as a 3rd Degree Felony punishable by a maximum sentence of up to 7 years in jail and a maximum $15,000 fine.

WHAT HASN’T CHANGED WITH DEANA’S LAW

Calculations of “Prior Offenses”

Deana’s Law does not change the definition of what a “prior offense” is under Pennsylvania Law. Section 3806 of the Vehicle Code remains the same, and defines a prior offense as a conviction for which sentence was imposed, a juvenile delinquency adjudication or consent decree acceptance, or ARD acceptance prior to sentencing on the current (new) DUI case. However, for enhanced gradings and penalties, the disposition for the past DUI must have occurred within 10 years of the date of the current (new) DUI case.

As an example, a person with 3 prior DUI offenses in the early 2000’s will not be facing Deana’s Law penalties for a new charge in 2024, as the prior DUI convictions did not happen within 10 years of the new DUI offense date.

Mandatory Minimum Sentences

Deana’s Law does not change mandatory minimum DUI jail sentences for any DUI offense. For example, the mandatory minimum jail sentence for a 3rd or 4th Offense Highest Tier DUI will remain at 1-year of incarceration. However, enhanced gradings and consecutive sentencing requirements make it more likely that 4th and subsequent offense DUI offenders will serve more than their mandatory minimums.

IF YOU’RE A REPEAT DUI OFFENDER IN WESTERN PENNSYLVANIA, THE ZUCKERMAN LAW FIRM CAN HELP

If you are facing a Repeat DUI Offense in Western Pennsylvania, you need an experienced DUI defense lawyer on your side. For a free consultation, call the Zuckerman Law Firm at 412-447-5580 today.