Recently, the state House of Representatives approved a bill that will drastically change DUI penalties.
What is Bill 773?
The full text of House Bill 773 can be read here.
Bill 773, named ‘Deana’s Law‘ in honor of Deana Eckman, a 45-year-old Delaware County woman who was killed by a repeat DUI offender, proposes changes to the penalties for 3rd and 4th offenses (and subsequent offenses). The bill also proposes that sentences for those who have more than two prior DUIs be served consecutively.
For individuals facing a third DUI, they would be charged with a felony of the third degree.
For individuals facing a fourth or subsequent DUI, they would be charged with a felony of the second degree.
Under current Pennsylvania Law, third offenses are tiered. If the driver had a BAC under 0.16% then they would be charged with a misdemeanor of the second degree. Drivers with BAC over 0.16% were charged with a felony of the third degree. As it stands today, drivers charged with a fourth or subsequent offense are charged with a felony of the third degree. Also under current law, repeat DUI offenders can be sentenced concurrently in certain cases.
What do these changes really mean?
First off, by requiring judges to impose sentences consecutively, this will eliminate some of the overlap between sentences. The end result will likely mean longer jail sentences for repeat offenders who have been sentenced on multiple charges in a short amount of time.
There are also increased penalties. The table below highlights the changes:
Current Law |
Proposed Changes |
| Third Offense BAC between .08 and .099% | |
| Misdemeanor of the Second Degree | Felony of the Third Degree |
| Prison sentence of 10 days to 2 years | 1 year mandatory minimum and a maximum sentence of up to 7 years in prison |
| Fines between $500 and $5,000 | Fines up to $15,000 |
| Third Offense BAC between .10 and 0.159% | |
| Misdemeanor of the Second Degree | Felony of the Third Degree |
| Prison sentence of 90 days to 5 years | 1 year mandatory minimum and a maximum sentence of up to 7 years in prison |
| Fines between $1,500 and $5,000 | Fines up to $15,000 |
| Fourth and Subsequent Offenses | |
| Felony of the Third Degree | Felony of the Second Degree |
| 1 year mandatory minimum and a maximum sentence of up to 7 years in prison | 5 year mandatory minimum and a maximum sentence of up to 10 years in prison |
| Fines up to $15,000 | Fines up to $25,000 |
Keep in mind that convicted felons face hardships finding jobs or even finding a place to live. A comprehensive list of consequences of a felony conviction can be found here.
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