Pennsylvania’s Proposed Law to Increase Penalties for Repeat DUI Offenders

Under “Deana’s Law,” Pennsylvania lawmakers hope to amend the state vehicle code to increase penalties for repeat DUI offenders. Senate Bill 773, spearheaded by State Sen. Thomas H. Killion (R., Delaware), would require drivers with three or more DUI convictions to wear electronic monitoring devices as a condition of probation. The monitoring devices would regularly test and collect the wearer’s perspiration for the presence of alcohol and transmit this information to monitoring agencies.

The proposed legislation was inspired by Deana Eckman’s death. In February, Eckman, 45, was killed when David Strowhouer hit Eckman’s vehicle in Upper Chichester Township. At the time of the accident, Strowhouer had a blood-alcohol level of .199 (almost twice the legal limit) and was speeding at 80 mph when he collided head-on with Eckman. Strowhouer already had five previous DUI convictions. On August 15, he pleaded guilty to third-degree murder, homicide by vehicle while driving under the influence, and related charges, and faces a maximum sentence of 85 years in prison.

Due to judicial discretion, repeat offenders may be able to serve their sentences concurrently. In Strowhouer’s case, after pleading guilty to his fifth DUI conviction in 2017, he was able to serve his sentence concurrently with his third and fourth DUIs. He was paroled after less than one year. This legislative loophole is what lawmakers are hoping to close.

In addition to the electronic monitoring devices, the legislation would add new lawyers to DUI prosecution and would require the impounding of vehicles of DUI drivers who have three or more convictions. For drivers convicted of four or more DUIs, maximum jail time would be increased from a three and a half year to seven-year sentence to a five to ten-year sentence. Repeat offenders would be required to serve multiple sentences consecutively instead of concurrently – eliminating judicial discretion.

The CAM monitoring devices have already been in use and proven successful in York County for several years. Since 2012, York County has required alcohol monitoring under the program “Target 25”. The program requires defendants with previous DUI convictions to wear a monitoring device and meet with bail officers regularly.

The bill has already received early bipartisan support, with 13 co-sponsors including, State Senators Gene Yaw (R., Bucks), Steven K. Santarsiero (D., Bucks), and Bob Mensch (R., Bucks-Montgomery).