PA: Gov. Wolf signs into law stiffer penalties for repeat DUI offenders
By Ginger Rae Dunbar
February 1, 2019
HARRISBURG — In front of families who lost a loved one to an impaired driver, Gov. Tom Wolf on Wednesday signed into law stiffer penalties for repeat DUI offenders.
Among the four families who lost loved ones in Chester County to an impaired driver were Paul and Maggie Hannagan, who were injured in the Downingtown area crash in 2015 and lost their son Miles and daughter Charlotte to a drunk driver from Delaware County; Debbie and Ken Iwaniec who lost their son Pennsylvania State Trooper Kenton Iwaniec in 2008, shortly after his shift ended at the Avondale Barracks when he was hit by driver who was four times the legal limit; and Pat Crowley who lost his son Liam, who was on his way home, when a drunk driver, who had six prior DUI arrests, collided with him in 2013.
“We are all very happy that the new law makes it a felony to be convicted of DUI a third or fourth time depending on BAC level,” Maggie Hannagan said. “Pennsylvania was one of only a handful of states that did not have a felony law so that is a huge change. We hope it will act as a deterrent.”
The changes in the law under Act 153 it makes it a felony penalty for a third-time DUI conviction within 10 years, if third offense is with high blood-alcohol content of .16 or higher; and in all other cases at fourth offense. Prior to Act 153, Pennsylvania was one of four states that did not treat repeat DUI as a felony, regardless of the number of prior DUI convictions.
Additionally, jail terms for repeat DUI offenders have increased.
“Not as much as we’d like but that’s what we could achieve with the leadership in place last session,” Maggie Hannagan said.
The law has increased penalties for homicide by vehicle while DUI, which was a 3-year minimum sentence regardless of offender’s DUI history. Now specifically, if convicted of a prior DUI, the minimum sentence for causing a death is five years; and if convicted of two or more prior DUIs, the minimum sentence for causing a death is seven years. Additionally, there are increased penalties for offenses associated with driving illegally while under a DUI-related license suspension.
The enactment of the law in late 2018 was led by state Sen. Scott Martin, R-13, of Lancaster County and former state Sen. John Rafferty, R-44, of Chester County.
“When an individual repeatedly makes the irresponsible and dangerous decision to get behind the wheel while under the influence of drugs or alcohol, the punishment should fit the serious nature of the crime,” Martin said in a statement on his website. “Drunk driving creates a serious hazard that all too often leads to a trail of pain and misery for innocent bystanders. I am thankful that this new law will help keep habitual offenders off the road and behind bars.”
Those driving illegally on a suspended license for DUI-related reasons will incur longer jail terms which Pennsylvania Parents Against Impaired Driving (PAPAID) members hope it will be a deterrent.
This is one of two laws passed that PA PAID members worked with elected officials and district attorneys. The non-profit formed in 2015 as a grass-roots organization of parents across Pennsylvania who have lost children to impaired drivers and they hope to update DUI laws.
The other law passed in 2017, which was SB 290 and became Act 33, requires convicted first-time DUI offenders with an illegal Blood Alcohol Content of .10 percent or higher to use ignition interlocks for at least 12 months. Rafferty, Rep. Keith Greiner, R-43, of Lancaster County, and other legislators assisted with the passage of updating this law.
“We think getting two bills passed in such a short time is a legacy for Miles and Charlotte as well as the children of the other PAPAID families,” Maggie Hannagan said.
Other PA PAID families in attendance included: Chris and Susan Demko who lost their daughter Meredith to a repeat drunk driver; Elaine and Paul Miller who lost their son Rodney in the line of duty as the fire chief of Loganville Volunteer Fire Company; Star Gleason who lost her mom, sister and niece in a single crash; Kathy Quigley who lost her son Kyle; and Kate Leger who lost her daughter Brittany.
Hannagan believes, along with other PAPAID members, that the two laws will help reduce the number of DUI deaths and injuries. They hope to do more.
“We spoke with current leadership and they are willing to work with us in the future,” Maggie Hannagan said. “They said this is the start.”