[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/enhanced-dui-penalties-signed-into-law\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/enhanced-dui-penalties-signed-into-law\/","headline":"Deana’s Law: Enhanced DUI Penalties Signed into Law","name":"Deana’s Law: Enhanced DUI Penalties Signed into Law","description":"On July 11, 2022, Pennsylvania Governor Tom Wolf signed House Bill 773, also known as Deana\u2019s Law.\u00a0\u00a0This […]","datePublished":"2022-07-13","dateModified":"2022-07-13","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/smoyer\/#Person","name":"Sara Moyer","url":"https:\/\/www.grossmcginley.com\/resources\/author\/smoyer\/","identifier":63,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/04\/Sara-Moyer_Square_600x600-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/04\/Sara-Moyer_Square_600x600-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/07\/New-DUI-Law-Blog.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/07\/New-DUI-Law-Blog.jpg","height":600,"width":600},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/enhanced-dui-penalties-signed-into-law\/","about":["Blog","Law Alerts","News"],"wordCount":318,"keywords":["Criminal Law","DUI\/Underage Drinking","Law"],"articleBody":"On July 11, 2022, Pennsylvania Governor Tom Wolf signed House Bill 773, also known as Deana\u2019s Law.\u00a0\u00a0This legislation increases penalties for individuals convicted of multiple DUI offenses.\u00a0\u00a0\u00a0Currently, a person convicted of a third or subsequent DUI-highest tier offense within 10 years commits a felony of the third degree, with a mandatory minimum sentence of 1 year of incarceration and a maximum of seven years of incarceration.\u00a0\u00a0\u00a0Highest-tier DUI offenses are those with blood alcohol contents (BACs) of 0.16% or higher, DUI-drug offenses, and those where an individual refuses blood or breath testing pursuant to a valid search warrant. House Bill 773 does not change the penalty for third DUI-highest tier offenses, but does increase penalties for subsequent offenses.\u00a0\u00a0Now, someone convicted of a fourth or subsequent DUI-highest tier offense commits a felony of the second degree, punishable by a mandatory minimum of 1 year of incarceration and a maximum of 10 years of incarceration.\u00a0\u00a0The license suspension for both offenses remains 18 months, with eligibility for an ignition interlock limited license after 9 months.Deana\u2019s Law also mandates that, where an individual has two or more prior DUI offenses, any subsequent DUI sentence must be consecutive to all other sentences the individual is currently serving.\u00a0\u00a0In other words, an individual being sentenced to a third or subsequent DUI offense (regardless of the tier) must serve his or her sentence consecutively to any other sentence, whether or not it is DUI-related.With respect to individuals with four or more prior DUI offenses, Deana\u2019s Law directs the Pennsylvania Sentencing Commission to develop a sentencing enhancement for offenses where the defendant refused chemical testing pursuant to a valid search warrant.These changes go into effect in 120 days, or November 8, 2022.DUI charges are among the most common criminal offenses.\u00a0\u00a0Pennsylvania\u2019s DUI statute, however, is anything but simple.\u00a0\u00a0Trust the experienced attorneys at Gross McGinley, LLP to advocate on your behalf if you are facing DUI charges."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Deana’s Law: Enhanced DUI Penalties Signed into Law","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/enhanced-dui-penalties-signed-into-law\/#breadcrumbitem"}]}]