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Drake’s Law officially goes into effect

MARSHALL – The transition from legislation to law for Drake’s Law in now complete.

Drake’s Law is named after Drake Bigler, the infant son of Brad and Heather Bigler who was killed in a 2012 Pope County car crash caused by a drunk driver, who was also a repeat offender. The bill increases the maximum prison sentence to 15 years from 10 years for criminal vehicular homicide. It would apply to people who had a previous DWI offense within the past 10 years and caused injury to a person.

“It’s real exciting,” said House Rep. Chris Swedzinski, one of the bill’s authors. “This is something we’ve been focusing on and pushing for a number of years, so now that it’s in place I’m pretty excited about it.”

The driver of the vehicle that hit the Bigler’s SUV, Dana Schoen, had a blood alcohol content of 0.351 at the time of the crash, which happened in Pope County – four times the legal limit for driving in Minnesota.

He was not injured in the crash.

Schoen pleaded guilty in December 2012 to three counts of criminal vehicular operation. Schoen’s plea deal included an admission of a blood-alcohol content of 0.32 percent.

He was sentenced to four years in prison in January 2013.

According to state records, Schoen was convicted of gross-misdemeanor drunken driving in 2005 and for drunken driving in 2000.

In both of those cases, also in Pope County, his blood-alcohol content was greater than 0.25 percent. Records show he also had convictions for reckless driving and speeding.

“I hope (Drake’s Law) really makes a difference when it comes to getting people to stop drinking and driving,” said Swedzinski, R-Ghent. “Ultimately, if people do decide to drink and drive and God forbid something happens the punishment will actually fit the crime.”

Brad Bigler suffered numerous serious injuries in the crash, and Heather Bigler suffered noncritical injuries. Her grandmother, Sharon Schuler, 74, of Granite Falls, was taken to a hospital with several broken bones.

Since the crash, the Bigler family has been aggressively campaigning to curb drunk driving by speaking at numerous events and in schools around the region.

“The legislation on its own will do a lot, but what the family has been doing – reaching out and getting out to talk to kids and other families – will really help make a difference, too,” Swedzinski said.

Drake’s Law was carried in the Senate by Sen. Gary Dahms, R-Redwood Falls.

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