In 2007, a 19-year-old Pennsylvania man suffered fatal injuries when he was struck by n oncoming Jeep. The driver of that vehicle, afraid of the potential consequences, fled the scene. When she was apprehended by police 10 hours later, she admitted that she had been driving under the influence of alcohol at the time of the crash. However, police were not able to determine her blood alcohol content because too much time had passed. She was not charged with DUI, but with a hit and run, which carries less severe penalties.

Recently, the driver pleaded guilty to homicide by vehicle and various charges for leaving the scene of an accident and was sentenced to two to eight years in jail. She did not face a DUI charge, which could have resulted in more prison time and a significant monetary fine.

Pennsylvania State Representative Phyllis Mundy of Kingston recently reintroduced a bill which is aimed at resolving the differences between hit and run and DUI penalties. Currently, Mundy says, a loophole in state law actually encourages drunk drivers to flee the scene of an accident, because the penalties for such an action are less than for a DUI crash.

Currently, according to Pennsylvania law, a drunken driving accident resulting in death or serious bodily injury is a second-degree felony, carrying a maximum of 10 years in jail and a $25,000 fine. In comparison, a hit and run accident resulting in death or serious bodily injury is a third-degree felony, with a maximum sentence of seven years in jail and a $15,000 fine. The proposed legislation seeks to reclassify a hit and run resulting in death as a second-degree felony with a more appropriate sentence.

According to Mundy, drivers who are involved in any kind of accident have a duty to stop and help. "Drivers who flee the scene of an accident may increase the time it takes for medical personnel to be notified," she said. "It also could lead to the victim suffering additional injuries or death if no one is there to assist them."

Source: The Times Leader, "Mundy reintroduces bill on DUI", Matt Hughes, 5 February 2011