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'It can save your life': Experts believe penalties should increase as DUI fatalities rise in Kentucky

Personal injury lawyer Alex White said harsher punishments for persistent offenders, proposed in recent legislation, could serve as a wake up call.

LOUISVILLE, Ky. — A recent report from the National Highway Traffic Safety Administration shows drunk driving-related deaths in the Commonwealth rose dramatically during the pandemic.

Data shows DUI-related fatalities rose 31.8% from 2019 to 2020. The national average increased 14.3%.

There were 199 DUI deaths in Kentucky in 2020 alone, compared to 151 in 2019. 

Personal injury lawyer Alex White said he's seen the impact of the increase by talking to his clients. 

"It definitely feels like in the last couple of years that there have been more and more bad DUI fatalities in our region," White said. 

In November, Oldham County teen Lily Fairfield died after a crash on U.S. 42 in La Grange. 

Last week, Theresa Devine was indicted in the crash. She faces four charges, including murder. 

Oldham County Police (OCP) arrested Devine and booked her into Oldham County Detention Center around 10 p.m. on April 11.

WHAS11 News confirmed with court documents that Devine was cited for a DUI three days before the fatal crash.  

In the months since the crash, the family of 16-year-old Lily Fairfield, who died in the incident, have fought for harsher penalties for DUI offenders. 

One of the main changes would be making a DUI a felony after the third offense in a 10-year period, instead of the fourth. 

"That could be the wakeup call for someone," White said. "That they may be facing a felony after the second DUI and they have to act right at that point." 

KSP Trooper Scotty Sharp said in 2021, 766 died on Kentucky roadways. Some of those from DUI crashes, others from distracted driving crashes. 

Sharp said even drivers who do the right thing need to be aware. 

"If you see somebody and you see erratic driving," he said. "Call 911, get away from that vehicle, allow more space if you're behind them." 

White said his experience with clients in recent years matches up with rising numbers reported by NHTSA. 

He supports the changes proposed in Lily's Law, including longer hold times for people arrested for DUI. 

White also said stricter penalties could warn drivers away from crossing a line.

"It would give prosecutors more weapons to deter DUI's and fight for justice," he said. "It can save your life, it can save a friend's life, it can save someone else's life."

Lily's Law passed the Kentucky House last session, but won't be heard by the Senate until next session. 

April is also Distracted Driving Awareness Month. 

KSP, KYTC and AAA remind drivers not only to drive sober, but to put the cellphone down while driving and always wear a seatbelt. 

Contact reporter Grace McKenna at GMcKenna@whas11.com or on Facebook or Twitter.  

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