WV House passes bill that would increase penalties for DUI causing death

by Lori Kersey, West Virginia Watch
February 19, 2026

The West Virginia House of Delegates unanimously passed a bill Thursday that would increase the penalty and fines for driving under the influence causing death.

House Bill 4712 is named for Baylea Bower, a 25-year-old Boone County woman who was killed on Easter morning last year in a head-on collision in Raleigh County. 

The driver of the other vehicle, Destany Lester, pleaded guilty to driving impaired causing death, and one count of possession of a controlled substance, according to reporting by WOAY. Lester was 18 at the time of the crash. 

A Raleigh County judge suspended Lester’s 3- to 15-year prison sentence and sentenced the woman to six months of home confinement followed by two to 24 months in a rehabilitation program at the Anthony Center.

The bill would increase the sentencing for DUI causing death from three to 15 years jail time to five to 15 years. Fines would increase from a range of $1,000-$3,000 to $2,000-$6,000. 

It would also stipulate that a person found guilty of DUI causing death should not be sentenced to a center for housing young adult offenders or to home confinement if the court finds that they acted with deliberate disregard for the safety of others. 

The legislation is sponsored by Del. Josh Holstein, R-Boone.

Bower’s friends and family members attended the House floor session at the Capitol in Charleston, West Virginia, Thursday morning, and spoke to reporters during a news conference beforehand. 

Lester’s sentencing has caused an outcry in the community from people who say the sentence was too light.

“I have two things to say about his decision: I challenge anyone to defend this as adequate sentencing for any adult who takes the life of another,” Steve Lewis, a friend of the Bower family, told reporters. “It’s woefully inadequate.” 

“Where’s the deterrent in this sentence? Where’s the justice in that sentence?” he said. “Baylea’s parents, family members, loved ones and friends received life sentences without Baylea, while the person that took her life will be released to live the rest of hers.”

Indiana Henderson, of Boone County, was like a big sister to Baylea, she said.

“She was very outgoing. Her laugh was very, very contagious.” Henderson said. “I can still hear it.”

“She was that person who wanted to give, give, give. And she’s still giving, until this day. It’s just sad to think about (how) she’s not here to see the impact she’s made.”

Henderson said the judge used friends’ description of Baylea as a compassionate person as a reason to show Lester compassion with his sentence. 

“Where’s the accountability?” she said. “What’s (Lester) going to learn from this?”

The bill will next go to the Senate for consideration. Holstein urged Senate committee leaders to take up the bill. 

“I think it’s really important that (the bill) gets put on the agenda in the Senate,” Holstein said. “I think that will be the biggest hurdle. I think once it gets to the Senate floor it will be unanimous.”

“There are a lot of bills, obviously that people have to look at and prioritize, but I think they need to make it a priority, that’s my hope.” 

West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.