Erie County Times

There is a new Pennsylvania law that has changed the grading of offenses for driving under the influence (DUI) in an effort to crack down on drinking and driving through harsher penalties.

The Pennsylvania Department of Transportation made the announcement on November 29, according to BCTV.com, in reference to Act 59 of 2022, which is commonly referred to as “Deana’s Law.” This amends the state’s Vehicle Code by increasing the grading of a number of DUI offenses. This also involves consecutive sentencing for repeat DUI offenders and also an 18-month driving suspension for a DUI that is a second-degree felony.

"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.”

The new law entails that someone charged with DUI who refuses a breath or chemical test, or someone charged with a DUI of .16 or higher, or also someone who has a DUI with controlled substances will have a felony of the third degree for two prior offenses or a second-degree felony for three or more priors,

A third-degree felony has a maximum prison term of up to seven years, while a second-degree felony has a maximum prison term of up to 10 years.

“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."