What You Need to Know About Getting Repeat DUI’s

You may have heard about Pennsylvania’s new laws regarding repeat DUI offenders. Read PennDot’s recent news release: Those committing repeated DUI offenses will face stricter penalties under a new Pennsylvania law. As a result, the law has changed the grading of certain DUI offenses.

The Act 59 of 2022, referred to as “Deana’s Law”, amends the Pa. Vehicle Code. This results in several changes including: 1) Increased grading for certain DUI offenses. 2) Required consecutive sentencing for certain repeat DUI offenders. 3) An 18-month driving privilege suspension for a DUI conviction graded as a 2nd degree felony, PennDOT said.

Repeat DUI Laws For Safer Roads

PennDOT Secretary Yassmin Gramian explained  that this law “makes significant changes. These changes 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.” Ultimately, these changes are to “make our roads safer.”

A person charged with a repeat DUI who:

– refuses a breath or chemical test, or

– is charged with DUI with a BAC of .16 or higher, or

– a DUI involving controlled substances, and

– already has the following number of prior offenses, commits:

     1) A felony of the 3rd degree for 2 prior offenses (previously 2 or more prior offenses); and

    2) A felony of the 2nd degree for 3 or more prior offenses (previously a 3rd degree felony).

The above-mentioned felonies are classified as:

  1. A felony of the 3rd degree, punishable** by a maximum term of imprisonment of not more than 7 years; and
  2. A felony of the 2nd degree, punishable** by a maximum term of imprisonment of not more than 10 years.

Furthermore, an offender who has 2 or more prior offenses will serve a sentence consecutive[ly] to any other sentence being served or any other sentence imposed by the court, except for violations that are required to be merged, PennDOT said.

**Also, there are other sentencing enhancements where a person has 4  or more prior DUI offenses.

Speak To A Professional

If you or someone you know has been charged with a DUI, or repeat DUI offense, call our team today. For more details about your DUI rights, contact our Firm and one of our criminal law attorneys….Anthony Didonato, Daniel Bardo, Christopher Patterson.

Posted in News on by Pyfer Reese.