The Pennsylvania General Assembly has spoken, and the Homicide by DUI Law requires a consecutive sentence of three to six years of incarceration for each victim of homicide by DUI.

In Commonwealth v. Stemple, 2008 Pa. Super. 1 (2008), the Pennsylvania Superior Court has ruled that the Homicide by DUI statute requires a sentence of at least three to six years’ incarceration for each victim killed as the result of driving under the influence of alcohol or controlled substance. In addition, there must be a consecutive sentence for each victim.

For example, if an individual is convicted of one count of Homicide by DUI, he or she must serve at least three to six years’ incarceration. If that same person is convicted of two counts of Homicide by DUI, he or she must serve a total term of six to twelve years’ incarceration, and so on. The result is that if you kill more than one individual as the result of driving under the influence, you will spend three to six years of incarceration for each individual killed, and each sentence must be served consecutively.

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