A 55-year-old West Deer Township man is facing a felony DUI charge after Shaler Township police say they caught him driving under the influence in the parking lot of their own police station Saturday evening — his tenth DUI charge, following nine prior DUI convictions. Brian Ballantine was taken into custody around 6 p.m. after an officer noticed his vehicle parked in the middle of the department's lot, according to the criminal complaint.
Police say Ballantine was speaking incoherently, with slurred speech and glassy eyes, when the officer approached. As reported by CBS Pittsburgh, officers found an open 25-ounce beer can in the center cupholder of his vehicle and another crushed can on the floor. Ballantine reportedly told police his driver's license was already suspended because of a previous DUI.
What made the stop unusual was where it happened: directly outside Shaler Township police headquarters, with the entire sequence captured on the department's own surveillance cameras. Footage described in the criminal complaint shows Ballantine turning into the lot and nearly hitting another vehicle before parking, then stumbling out of his car and using the door to keep his balance. The same footage reportedly shows him urinating in the parking lot before officers intervened.
A Felony Charge Under Pennsylvania's Repeat-Offender Law
Ballantine now faces one felony count of driving under the influence, along with misdemeanor counts of open lewdness and driving with a suspended license. According to the criminal complaint, he has three prior DUI convictions within the last 10 years, making this his fourth DUI within that window and triggering the felony grading. The complaint also states Ballantine has eight prior convictions for driving with a suspended license.
That felony enhancement stems from Pennsylvania's Act 59 of 2022, commonly known as Deana's Law, which mandates that a fourth or subsequent DUI offense within a 10-year lookback period be charged as a felony with any jail sentence served consecutively rather than concurrently with other sentences, according to the Pennsylvania Department of Transportation. Lawmakers passed the statute following the 2019 death of Delaware County resident Deana Eckman, who was killed in a head-on collision caused by a repeat drunk driver with five prior DUI convictions, as reported by Fox43. Eckman's family had pushed for legislation requiring consecutive sentences to keep repeat offenders incarcerated longer.
Ballantine's suspended-license charge carries penalties that vary by offense level under 75 Pa.C.S. § 1543(b): a first standard offense carries a $500 fine and 60 days in jail, while a second carries a $1,000 fine and 90 days; an additional license suspension is conditional. If he is ultimately convicted of the new DUI, state law under 75 Pa.C.S. § 3805 would also require him to install an ignition interlock device on any vehicle he operates for 12 months after his license suspension ends, per Goldstein Mehta LLC.
Court Proceedings and Custody Status
Ballantine is being held in the Allegheny County Jail on $1,000 bail, according to court records cited by CBS Pittsburgh. He was arraigned Sunday and is scheduled for a preliminary hearing before Magisterial District Judge Daniel J. Konieczka Jr. later this month, per TribLIVE. If the charges are held for trial, the case would move to the Allegheny County Courthouse in downtown Pittsburgh, where the Fifth Judicial District handles criminal trials in the Court of Common Pleas, according to Shaler Township.
The arrest took place in the parking lot of the Shaler Township Police Department. It remains unclear whether additional charges could be added at the preliminary hearing or whether Ballantine's bail amount will be revisited given his extensive record.
Prior DUI Convictions
Ballantine's case involves repeat impaired driving. He has prior DUI convictions.
Ballantine remains in custody as his case moves toward its preliminary hearing.
