Northhampton News

A new Pennsylvania law is in effect that not only changes the grading of driving under the influence (DUI) offenses, but also extends sentencing for repeat offenders.

According to BCTV, the Pennsylvania Department of Transportation made the announcement on Nov. 29 that Act 59 of 2022, or “Deana’s Law”, has been amended in an effort to curb drunken driving. The new law amends the Pennsylvania Vehicle Code by increasing the grading of several DUI offenses and includes consecutive sentencing for repeat DUI offenders. There is also an 18-month driving suspension for anyone with a second-degree felony DUI.

“This law makes significant changes to existing law that will ultimately increase the protection of all drivers by keeping repeat offenders from continuing to operate a vehicle while impaired by drugs or alcohol after being charged with a DUI," PennDOT Secretary Yassmin Gramian said. "Repeating these offenses puts others at risk, and these law changes reflect the severity of these acts to make our roads safer.”

In “Deana’s Law”, someone charged with DUI who refuses a breath or chemical test, an individual charged with a DUI of .16 or higher, or also someone who has a DUI with controlled substances will have committed a third-degree felony if there are two prior offenses or a second-degree felony for three or more prior charges. 

A third-degree felony has maximum imprisonment of up to seven years and a second-degree felony has a maximum imprisonment term of no more than 10 years.

In another change under this law, when anyone with a DUI offense that has had two or more prior offenses is sentenced, their time will run consecutive to any sentence the person is serving, as well as any other sentence the court imposes. There are also enhancements of sentencing where a person has four or more DUIs.

"Driving impaired puts everyone at risk, and repeat offenders disregard the risk they pose every time they get behind the wheel impaired," Major Robert Krol, director of the Pennsylvania State Police Bureau of Patrol, said. "This law enhances penalties for those individuals, and hopefully they will think twice before reoffending.”