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COM. v. DUDA

923 A.2d 1138 (2007)

COMMONWEALTH of Pennsylvania, Appellant, v. Bradley G. DUDA, Appellee.

Supreme Court of Pennsylvania.

Decided May 31, 2007.

Attorney(s) appearing for the Case

Michael Wayne Streily, Esq., James Robert Gilmore, Esq., Allegheny County District Attorney's Office, for Commonwealth of Pennsylvania.

Leonard J. Berger, Jr., Esq., for Bradley G. Duda.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice SAYLOR.

In this direct appeal, we consider the constitutionality of a provision of Pennsylvania's DUI statute that prohibits driving after having consumed enough alcohol to elevate one's blood alcohol concentration to a certain level within two hours after driving.

I.

On August 21, 2004, at 12:32 a.m., a Pittsburgh police officer was dispatched to the scene of a two-car accident. He arrived at the scene two minutes...

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