Another needed step in war against DUI drivers
Pennsylvania’s highways are one step closer to being a little bit safer.
By targeting one of the biggest dangers on the Commonwealth’s roads.
That would be the repeat drunken driver, in particular the one who has such wanton disregard that he or she still climbs behind the wheel despite clearly being impaired – often with tragic results.
The state Senate this week passed a muchneeded measure sponsored by Sen. John Rafferty, R-44, of Montgomery County, to toughen the penalties against a drunken driver who kills someone while behind the wheel.
Under current Pa. law, a drunken driver who is involved in a fatal accident faces a three-year mandatory sentence. Under Rafferty’s measure, that stint in jail would be extended to five years for a repeat offender and up to seven years in state prison for someone who has two or more previous DUI convictions.
The bill also mandates consecutive prison terms for each potential victim in a fatal crash.
Specifically, Rafferty’s Senate Bill 961 creates the first-ever felony DUI offense in Pennsylvania for a person convicted of their third DUI with a blood alcohol level of 0.16 or higher and for all persons convicted of their fourth DUI.
“Pennsylvania currently does not impose a felony grading for a DUI no matter how many DUI offenses a person commits, which is just wrong,” said Rafferty, who chairs the Senate Transportation Committee and has been a longtime proponent of stiffer DUI penalties.
Think this type of crackdown is an overreaction?
Think again. In 2016, there were 10,256 alcoholrelated crashes and 297 alcohol-related fatalities in Pennsylvania.
“We must send a stronger message to these dangerous repeat DUI offenders who pose a threat to the safety of our Commonwealth because of their unchanged, careless actions,” Rafferty said.
One of the issues the bill seeks to address is the problem of those drivers whose driving privileges have already been suspended due to a previous DUI offense, but who get behind the wheel anyhow. The current penalty for a repeat offender who is not properly licensed or under suspension is a $500 fine and imprisonment of 60 to 90 days. Under Senate Bill 961 the penalty for a second offense would be boosted to a $1,000 fine and imprisonment of at least 90 days. A third or subsequent offense would result in a fine of $2,500 and at least six months in jail.
The measure passed by an overwhelming 45-4 vote in the Senate and now goes to the House for consideration.
We hope they quickly approve it and send it to Gov. Wolf’s desk for consideration.
This is actually Rafferty’s second key piece of legislation to attack the scourge of repeat DUI offenders.
He was one of the driving forces a couple of years ago behind legislation that now requires even first-time DUI offenders that register a blood-alcohol level above 0.10 to use an ignition interlock device before they could operate a vehicle.
The idea behind both measures is to target those who would drive despite being seriously impaired. The interlock provision does not affect a social drinker who barely registers above the legal limit of 0.08. Instead this looks to get the keys out of the hands of the problem drinker, someone registering above 0.10 on a breathalyzer, as well as the repeat DUI driver.
It also allows the firsttime offender the ability to drive to get to work. They simply would have to blow into the ignition interlock device in order to operate the car. Any indication of alcohol would prevent the driver from starting the car.
Rafferty was in part inspired by the haunting saga of the Hannagan family of Downingtown. They know all too well the horrors of driving under the influence.
The Chester County family – like so many others in Delaware County and across Pennsylvania – has lived the nightmare first hand.
The Hannagans were returning to their Downingtown home from a bagpipe concert with a church group. It had been snowing and the Hannagans were slowly, carefully making their way home along a slushy Route 100 in Uwchlan Township.
The Hannagans’ minivan was rear-ended by a pickup truck going 100 mph, according to police. Miles Hannagan, 19, and his sister Charlotte, 16, were killed instantly.
The driver, Thomas Muir, 25, of Media, was found to be more than twice the legal limit to be considered under the influence. He pleaded guilty to charges of homicide by vehicle while DUI, aggravated assault while DUI, recklessly endangering another person, and DUI. At the time of the crash he was awaiting trial on drug charges. Muir was sentenced to 18 to 26 years in prison for his role in the horrific crash.
Ignition interlock devices have been shown to lower the rate of repeat DUI offenders, as well as DUI homicides. The U.S. Centers for Disease Control and Prevention cites studies that show repeat offenses are slashed by a third when interlock devices are required on first offenses.
Consider this new legislation from Rafferty the latest “shot” in the battle against drunk driving.
Now it’s time to win the war.