BAYLEY, J., March 26, 1993.
On May 25, 1991, defendant was arrested for driving under the influence in violation of the Vehicle Code at 75 Pa.C.S. §3731(a)(1) and (a)(4), that provides:
"(a) Offense defined — A person shall not drive, operate or be in actual physical control of the movement of any vehicle:
"(1) while under the influence of alcohol to a degree which renders the person incapable of safe driving;...
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