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COM. v. BARUD

545 Pa. 297 (1996)

681 A.2d 162

COMMONWEALTH of Pennsylvania, Appellant, v. David M. BARUD, Appellee.

Supreme Court of Pennsylvania.

Decided July 30, 1996.

Attorney(s) appearing for the Case

James R. Gilmore, Pittsburgh, Jerome T. Foerster, Harrisburg, for Commonwealth.

Joseph E. Vogrin, III, Pittsburgh, for David Barud.

Joseph P. Green, Jr., West Chester, Amicus Curiae.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The issue presented in this appeal is whether the newly enacted Driving Under the Influence statute, 75 Pa.C.S. § 3731(a)(5), which imposes criminal penalties on individuals who have a blood alcohol content ("BAC") equal to or in excess of .10% within three hours of driving, violates the due process guarantees of the United States and Pennsylvania Constitutions. Because, § 3731(a)(5) unnecessarily...

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