Repeat DUI Law Introduced In PA After Delco Man's Fatal 6th DUI

DELAWARE COUNTY, PA — After Deana Eckman died when David Strowhouer struck her while driving under the influence in February this year on his sixth DUI, Pennsylvania lawmakers are working to crackdown on repeat offenders.

State Sen. Tom Killion (R – Chester/Delaware) introduced Senate Bill 773, also known as Deana’s Law. The number, 774, pays tribute to Eckman's birth month and year.

The bill would require the use of innovative technology to combat repeat DUI offenders.

"We must utilize everything at our disposal to keep those who have multiple DUIs from endangering lives on our roadways," Killion said in a statement. "My bill will mandate the use of continuous alcohol monitoring (CAM) devices for the first time in Pennsylvania."

On Aug. 16, Strowhouer pleaded guilty to third degree murder and homicide by vehicle while DUI, both felonies of the first degree; aggravated assault by vehicle while DUI, a felony of the second degree; aggravated assault by vehicle, DUI, accidents involving death while not properly licensed, felonies of the third degree; and driving under suspension while DUI.

This was his sixth DUI arrest.

Similar to home arrest monitors and other devices affixed to offenders, CAM devices are strapped to the wearer.

At regular intervals, CAM devices sample and test the wearer’s insensate perspiration for the presence of alcohol.

As sensitive and reliable as Breathalyzers, CAM devices upload test results to a base station installed in the wearer’s home and transmits them to the monitoring agency.

CAM devices have been used for the last seven years in York County as part of the adjudication of DUI cases. York experienced a 90 percent decline in DUI recidivism in the first year of their use. DUI fatalities in York dropped 21 percent from the previous three-year average during that same period.

Requiring those arrested for a third or subsequent DUI offense be fitted with a CAM device is just one of the innovative methods and changes provided for in Deana’s Law.

Killion’s legislation would also:

• Increase jail time for those convicted of four DUIs or more. Those convicted of a fourth offense would be subject to a five- to 10-year sentence rather than the current three-and-a-half to seven years. Fifth and subsequent DUI convictions would expose the felony offender to a 10- to 20-year sentence rather than the current three-and-a-half to seven years.

• Require the imposition of consecutive sentences after conviction. Deana’s Law would mandate that those convicted of a third DUI offense serve the sentence for that offense consecutively to any other sentence the offender is serving and to any other sentence to be imposed by the court.

“These crimes are so egregious, those convicted of them should not be allowed the luxury of serving DUI sentences concurrently" Killion said. "It was a concurrent sentence which allowed the individual who killed Deana to be on the road rather than behind bars."

Additionally the bill would:

• Mandate the impoundment of a vehicle used in a DUI offense at the time of a third DUI arrest. If enacted, this will be the first Pennsylvania statutory requirement to impound a vehicle because of a DUI offense which is practiced in states across the country.

• Direct the Pennsylvania State Police and Pennsylvania Department of Transportation to formulate recommendations regarding the establishment of DUI Courts and increase from one years to two years the required period for the installation of an interlock device on any vehicle operated by a person convicted of three or more DUIs

"Repeat DUI offenders callously disregard the lives and safety of others,” said Delaware County District Attorney Katayoun Copeland. "This legislation recognizes the seriousness of these crimes and gives law enforcement important new tools to make sure these offenders never again have the opportunity to harm others or take a life."

The bill has 13 co-sponsors, both Republicans and Democrats, and has been referred to the Senate Transportation Committee.

Strowhouer is slated to be sentenced on Nov. 14.

At about 9:22 p.m. on Feb. 16, the Upper Chichester Police Department responded to the 3300 block of Market Street for the report of a motor vehicle crash.

Upon arrival, officers observed a 2019 Subaru with a male operator and an unresponsive female passenger, later identified as Deana Eckman.

Paramedics and Fire Rescue crews attempted to extricate the occupants of the Subaru.

The male driver was extricated and transported to the hospital for his injuries. Eckman, was pronounced dead on the scene.

Witnesses on scene said a dark colored Dodge Ram pickup truck crossed the double yellow lines into the opposite lane of travel and struck the Subaru head on.

Officers saw a heavily damaged, unoccupied Dodge Ram pickup truck on the berm of the southbound lane of travel.

Strowhouer approached law enforcement and said that he had been a passenger of the Dodge Ram pickup truck and that his cousin was driving the truck.

Officers noted that Strowhouer had a strong odor of alcohol on his breath and that he was intoxicated to the extent that he could not safely operate a motor vehicle. Strowhouer claimed he had been at a local bar where he and his family had gathered after the funeral of his mother earlier that day. Strowhouer claimed that he and his cousin left the gathering to go to Chester to buy cocaine.

Investigation showed Strowhouer was drinking throughout the day and was highly intoxicated when he left a residence where his family had gathered, entered the driver's seat of the truck, and drove out of the area.

About 20 minutes later, Strowhouer, travelling up to 78 miles per hour, drove the Dodge Ram pickup truck into the opposite lane of travel on Market Street when he struck the victims' Subaru, killing Eckman and severely injuring her husband.

Law enforcement officers were able to prove that Strowhouer lied about his cousin driving the pickup truck as his cousin was in Puerto Rico at the time of the crash. Strowhouer's blood was drawn by hospital personnel, and he was found to have cocaine, marijuana, and alcohol in his system.