Not only are you an excellent attorney, but a good person who truly cared about me and always did your best to help me. I am so grateful for being given a second chance.  —TomDave Shrager successfully lobbied for my felony charge to be completely withdrawn. His services were worth every dime. A highly personable, intelligent, and competent attorney, I would recommend Dave Shrager to my closest friends and family without hesitation.  —RonDave knows the system better than any lawyer in Pittsburgh due to his family's local and long-standing practice, and it was evident in the positive manner in which the judges, prosecutors, and law enforcement officers responded to Dave's arguments on my behalf.  —JimI cannot say thank you enough to David Shrager for all his help today! If it were not for this guy, I would no longer have a job or drivers license. So thanks again Dave, you're the best!  —BillI was in a bad place in my life...I was making bad decisions, which led to my having a really bad night and lots of legal trouble. I'm lucky I had Attorney David Shrager at my side. He helped guide me, with his legal expertise, through a very difficult time in my life.  —Tamika
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New PA DUI Laws 2021 (Proposed)

PA House Bill 773 (2021-2022), also known as Deana’s Law,” may result in new DUI laws in Pennsylvania if approved. Please understand that these are only proposed laws – they are not active at this time.

Increased Punishment for Certain Multiple Offenders

GENERAL INFORMATION

Pennsylvania’s DUI laws are governed by 75 Pa. Cons. Stat. Ann. § 3802 (Driving under influence of alcohol or controlled substance).

The grading (seriousness of the charge, e.g., felony or misdemeanor) is controlled by § 3803 (Grading).

CURRENT LAW

Please note that this proposed law does NOT target ALL repeat offenders – just those who meet the criteria under § 3803(b)(4.1) discussed below.

Under current law (generally) (current 9/20/2021): An individual who:

1) drives under the influence and refuses a legally ordered BAC (blood alcohol concentration) test, or

2) violates § 3802(c) (related to highest rate of alcohol), or

3) violates § 3802(d) (related to controlled substances), AND

who has two or more prior offenses commits a felony of the third degree.

Here is the current law: § 3803(b)(4.1) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d) and who has two or more prior offenses commits a felony of the third degree.

PROPOSED CHANGES

In § 3803(b)(4.1) above, the proposed law would in increase the grading from a felony of the third degree to a felony of the second degree “if the individual has three or more prior offenses.”

Here is the proposed law: § 3803(b)(4.1) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, or who violates section 3802(c) or (d) commits (i) A felony of the third degree if the individual has two prior offenses. (ii) A felony of the second degree if the individual has three or more prior offenses.

In Pennsylvania, a conviction for a felony of the third degree can mean a fine of not less than $2,500 nor exceeding $15,000, or imprisonment not exceeding seven years, or both. A conviction for a felony of the second degree, can mean a fine of not less than $5,000 nor more than $25,000, or imprisonment not exceeding ten years, or both.

Additionally, the proposed law would add § 3804(c.3) to the existing “Penalties” part of the law which would provide for a sentencing enhancement for a conviction under § 3803(b)(4.1) “where the individual has four or more prior offenses.” This means the possible penalty a judge may impose under these conditions can exceed the normal penalty.

Both 3rd and 2nd degree felony DUI convictions would require an 18-month license suspension under the proposed law (under § 3804(e)(2)(ii) – Penalties.)

Consecutive Sentences for Repeat Offenders

GENERAL INFORMATION

In Pennsylvania, criminal sentences imposed for multiple convictions can be “concurrent,” which means that the “clock” for both sentences (e.g., 5 years and 10 years) starts at the same time – they expire simultaneously.

Sentences can also be “consecutive,” which means that the clock for conviction 2 does not start until the clock for conviction 1 has expired – they expire consecutively.

PROPOSED CHANGES

The proposed new law would mandate that any newly imposed DUI sentences be imposed consecutively if the individual has two or more prior offenses (with one exception noted below). This addition would be added as § 3804(c.2) under to the existing “Penalties” part of the law.

Here is the proposed law: (c.2) Consecutive sentence.– A sentence imposed upon an individual under this section who has two or more prior offenses shall be served consecutively to any other sentence the individual is serving and to any other sentence being then imposed by the court, except for those with which the offense must merge as a matter of law.

Conclusion

Again, these are only proposed laws which may or may not become actual law. There is also a Senate Bill (S.B. 773 (2021)) which proposes adding additional stringent requirements and penalties.

In the meantime, if you are facing a DUI charge under current law, give our law office a call to speak directly with an experienced Pittsburgh DUI Lawyer. We can help you understand what penalties you are facing, and what we can do to minimize or eliminate them. Call 24/7 for a free consultation.