Pennsylvania lawmakers have toughened penalties for people who repeatedly violate impaired driving laws.

Inspired by the memory of Deana Eckman of Brookhaven, Delaware County, who was killed in 2019 by a man with five previous driving under the influence convictions, her grief-stricken parents worked tirelessly to convince legislators to stiffen the penalties for repeat offenders.

Under what is known as Deana’s Law, a person charged with driving under the influence (general impairment) who refuses a breath or chemical test or who is charged with DUI with a blood alcohol content of .16 or higher, or a DUI involving controlled substances, and already has the following number of prior offenses, commits:

• A felony of the third degree for two prior offenses (previously two or more prior offenses); and

• A felony of the second degree for three or more prior offenses (previously a third degree felony).

• A felony of the third degree is punishable by a maximum term of imprisonment of not more than seven years; and a felony of the second degree is punishable by a maximum term of imprisonment of not more than 10 years.

Another change under Deana’s Law is that a sentence imposed imposed for a DUI offense on a person who has two or more prior offenses will be served consecutively to any other sentence the individual is serving or any other sentence imposed by the court, except for violations that are required to be merged. In addition, the law provides for a sentencing enhancement in cases where an individual has four or more prior DUI offenses.

Police respond

The area’s top cops are mostly pleased with the tougher penalties.

“This legislation was born out of a tragedy, and the legislature recognized the seriousness of individuals driving under the influence of alcohol or drugs and the potential tragic impact to innocent people that can result from that criminal conduct,” said Schuylkill County District Attorney Michael A. O’Pake.

“I applaud the efforts of the legislature in passing this important legislation. It will hopefully serve as a sufficient deterrent to individuals that even contemplate operating a motor vehicle under the influence of alcohol or drugs. These penalties are severe and certainly warranted for those that flagrantly and blatantly ignore the law and the safety of others on the roadway.”

His counterpart in Carbon County, District Attorney Michael S. Greek, also welcomed the penalties, but with a caveat.

“The majority of our crime cases in Carbon County are DUIs. This legislation may serve to have the effect of reducing the number of instances of people driving under the influence,” he said.

He’s concerned that court officials may lose some of the flexibility they have in sentencing after hearing all of the facts of a case.

“That being said, while it may have that effect, any mandatory sentencing takes away the ability from prosecutors and judges to obtain an appropriate, fair and just resolution and sentence in a case.”

The stiffer penalties are good news for Jim Thorpe Police Chief Joseph Schatz.

“I definitely think having stiffer penalties will make drivers more alert before they get behind the wheel after drinking,” he said.

“Hopefully, the penalties will sink in with the repeat offenders. Maybe they’ll think twice before driving under the influence after reoffending.”

Schatz said the borough’s ride sharing program has helped cut down on impaired driving. But he’s also concerned about an uptick in the number of people driving under the influence of controlled substances.

West Penn Township Police Chief James E. Bonner said the tougher penalties will help keep people safer.

“As for the grading, it’s been a long time coming, and it’s a good thing,” he said. “We’re seeing a lot of second and third time offenders.”

He’d like to see the same approach to all crime.

“Frankly, I think they should have more stringent penalties for repeat offenders of all crimes,” he said.

“The repeat offenders are very dangerous to our communities because they just don’t care.”

Pennsylvania Department of Transportation Secretary Yassmin Gramian recently announced the increase penalties.

“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,” she said. “Repeating these offenses puts others at risk and these law changes reflect the severity of these acts to make our roads safer.”

Pennsylvania State Police also lauded the law.

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