SUBCHAPTER B
SERIOUS TRAFFIC OFFENSES
Sec.
3731. Driving under influence of alcohol or controlled substance (Repealed).
3731.1. Operators of commercial vehicles (Repealed).
3732. Homicide by vehicle.
3732.1. Aggravated assault by vehicle.
3733. Fleeing or attempting to elude police officer.
3734. Driving without lights to avoid identification or arrest.
3735. Homicide by vehicle while driving under influence.
3735.1. Aggravated assault by vehicle while driving under the influence.
3736. Reckless driving.
Cross References. Subchapter B is referred to in sections 1542, 1553, 1604, 3101, 3104 of this title.
§ 3731. Driving under influence of alcohol or controlled substance (Repealed).
2003 Repeal. Section 3731 was repealed September 30, 2003, P.L.120, No.24, effective February 1,
2004. The subject matter is now contained in section 3802 of this title. Section 21(2)
of Act 24 provided that the repeal of section 3731 shall not affect offenses committed
prior to February 1, 2004, or civil and administrative penalties imposed as a result
of those offenses.
Notes of Decisions
Cited in
903
cases (
17 in the last 5 years), 1978–2026 · leading case:
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
· cites it 42× “Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
Commonwealth v. Segida, 985 A.2d 871 (Pa. 2009).
· cites it 11× “§ 3802 (emphasis added to text of subsection (a)(1)).”
Commonwealth v. Conahan, 589 A.2d 1107 (Pa. 1991).
· cites it 24× “The issue before this Court is whether the Superior Court erred in determining that the mandatory sentence for driving under the influence, 75 Pa.C.S. § 3731, precludes a credit for time served voluntarily in inpatient alcohol rehabilitation.”
Commonwealth v. Duda, 923 A.2d 1138 (Pa. 2007).
· cites it 16× “" 75 Pa.C.S. § 3731 (repealed); see Commonwealth v.”
Com., Dept. of Transp. v. McCafferty, 758 A.2d 1155 (Pa. 2000).
· cites it 14× “§ 39:4-50(a), the New Jersey DUI provision that he violated, is not "equivalent to" 75 Pa.C.S. § 3731 because the statute covers conduct other than driving under the influence to a degree that renders the driver incapable of safe driving.”
Commonwealth v. Loeper, 663 A.2d 669 (Pa. 1995).
· cites it 22× “[6] Based upon this provision, in charging Appellant with the unlawful operation of a motor vehicle while under the influence of alcohol, the Commonwealth was authorized by the Legislature to proceed on either or both of two theories.”
Commonwealth v. Slingerland, 518 A.2d 266 (Pa. 1986).
· cites it 22× “Section 3731(a) of the Vehicle Code (75 Pa.C.S. § 3731(a)), provides as follows: (a) A person shall not drive, operate or be in actual physical control of the movement of any vehicle while: (1) under the influence of alcohol to a degree which renders the person incapable of safe…”
Commonwealth v. Mikulan, 470 A.2d 1339 (Pa. 1983).
· cites it 12× “[5] Unlike Judge Cercone we are not here required to use the 302(b)(4) gross deviation standard in order to distinguish the 75 Pa.C.S. § 3731 Vehicle Code offense from a related Crimes Code offense using recklessness or gross negligence.”
Commonwealth v. Mockaitis, 834 A.2d 488 (Pa. 2003).
· cites it 7× “75 Pa.C.S. § 3731. The court below granted relief only to the extent that it vacated its original directive that ordered appellee to install an approved ignition interlock system on each of his motor vehicles as a condition precedent to restoration of his operating privileges by…”
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
· cites it 13× “2d 681 (1999), wherein this court stated that the offense of homicide by vehicle while DUI requires (1) a conviction of DUI pursuant to 75 Pa.C.S. § 3731 and (2) proof that the violation caused the death, neither of which requires a showing of negligence.”
Commonwealth v. Beshore, 916 A.2d 1128 (Pa. Super. Ct. 2007).
· cites it 6× “10%, which was presumably lawful under 75 Pa.C.S. § 3731(a)(4). ¶ 21 In Thur , we explained that the new DUI law contains no provision similar to Section 3731(a)(4), and there is nothing in the new DUI law that arguably permits a person to drive with a BAC below a certain level.”
Wroblewski v. Commonwealth, 809 A.2d 247 (Pa. 2002).
· cites it 14× “PennDOT notified Appellant that it was treating his New York DWAI conviction as "equivalent" to a conviction of § 3731 of the Pennsylvania Vehicle Code, 75 Pa. C.S. § 3731 (relating to driving under the influence of alcohol or a controlled substance), and was suspending his…”
— 75 Pa. Cons. Stat. § 3731(1) — 1 case
— 75 Pa. Cons. Stat. § 3731(3)(l)(ii) — 1 case
— 75 Pa. Cons. Stat. § 3731(5) — 1 case
— 75 Pa. Cons. Stat. § 3731(6)(vi) — 1 case
— 75 Pa. Cons. Stat. § 3731(DUI) — 1 case
— 75 Pa. Cons. Stat. § 3731(a) — 94 cases
Com., Dept. of Transp. v. McCafferty, 758 A.2d 1155 (Pa. 2000).
“§ 39:4-50(a), the New Jersey DUI provision that he violated, is not "equivalent to" 75 Pa.C.S. § 3731 because the statute covers conduct other than driving under the influence to a degree that renders the driver incapable of safe driving.”
Commonwealth v. Slingerland, 518 A.2d 266 (Pa. 1986).
“Section 3731(a) of the Vehicle Code (75 Pa.C.S. § 3731(a)), provides as follows: (a) A person shall not drive, operate or be in actual physical control of the movement of any vehicle while: (1) under the influence of alcohol to a degree which renders the person incapable of safe…”
Commonwealth v. Mikulan, 470 A.2d 1339 (Pa. 1983).
“[5] Unlike Judge Cercone we are not here required to use the 302(b)(4) gross deviation standard in order to distinguish the 75 Pa.C.S. § 3731 Vehicle Code offense from a related Crimes Code offense using recklessness or gross negligence.”
— 75 Pa. Cons. Stat. § 3731(a)(1) — 206 cases
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
“Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
Commonwealth v. Slingerland, 518 A.2d 266 (Pa. 1986).
“Section 3731(a) of the Vehicle Code (75 Pa.C.S. § 3731(a)), provides as follows: (a) A person shall not drive, operate or be in actual physical control of the movement of any vehicle while: (1) under the influence of alcohol to a degree which renders the person incapable of safe…”
— 75 Pa. Cons. Stat. § 3731(a)(1)(h) — 1 case
— 75 Pa. Cons. Stat. § 3731(a)(2) — 9 cases
— 75 Pa. Cons. Stat. § 3731(a)(3) — 2 cases
— 75 Pa. Cons. Stat. § 3731(a)(4) — 102 cases
Commonwealth v. Loeper, 663 A.2d 669 (Pa. 1995).
“[6] Based upon this provision, in charging Appellant with the unlawful operation of a motor vehicle while under the influence of alcohol, the Commonwealth was authorized by the Legislature to proceed on either or both of two theories.”
Commonwealth v. Slingerland, 518 A.2d 266 (Pa. 1986).
“Section 3731(a) of the Vehicle Code (75 Pa.C.S. § 3731(a)), provides as follows: (a) A person shall not drive, operate or be in actual physical control of the movement of any vehicle while: (1) under the influence of alcohol to a degree which renders the person incapable of safe…”
— 75 Pa. Cons. Stat. § 3731(a)(4)(Z) — 1 case
— 75 Pa. Cons. Stat. § 3731(a)(4)(f) — 1 case
— 75 Pa. Cons. Stat. § 3731(a)(4)(h) — 2 cases
— 75 Pa. Cons. Stat. § 3731(a)(4)(i) — 13 cases
— 75 Pa. Cons. Stat. § 3731(a)(4)(ii) — 4 cases
Commonwealth v. Mockaitis, 834 A.2d 488 (Pa. 2003).
“75 Pa.C.S. § 3731. The court below granted relief only to the extent that it vacated its original directive that ordered appellee to install an approved ignition interlock system on each of his motor vehicles as a condition precedent to restoration of his operating privileges by…”
— 75 Pa. Cons. Stat. § 3731(a)(4)(k) — 1 case
— 75 Pa. Cons. Stat. § 3731(a)(5) — 29 cases
Commonwealth v. Beshore, 916 A.2d 1128 (Pa. Super. Ct. 2007).
“10%, which was presumably lawful under 75 Pa.C.S. § 3731(a)(4). ¶ 21 In Thur , we explained that the new DUI law contains no provision similar to Section 3731(a)(4), and there is nothing in the new DUI law that arguably permits a person to drive with a BAC below a certain level.”
Commonwealth v. Duda, 923 A.2d 1138 (Pa. 2007).
“" 75 Pa.C.S. § 3731 (repealed); see Commonwealth v.”
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“2d 681 (1999), wherein this court stated that the offense of homicide by vehicle while DUI requires (1) a conviction of DUI pursuant to 75 Pa.C.S. § 3731 and (2) proof that the violation caused the death, neither of which requires a showing of negligence.”
— 75 Pa. Cons. Stat. § 3731(a)(5)(i) — 3 cases
— 75 Pa. Cons. Stat. § 3731(a)(6) — 1 case
— 75 Pa. Cons. Stat. § 3731(a)(I) — 1 case
— 75 Pa. Cons. Stat. § 3731(a)(l) — 51 cases
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
“Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
— 75 Pa. Cons. Stat. § 3731(a)(l)(4) — 1 case
— 75 Pa. Cons. Stat. § 3731(a)(l)(iv) — 1 case
— 75 Pa. Cons. Stat. § 3731(c) — 18 cases
— 75 Pa. Cons. Stat. § 3731(d) — 7 cases
— 75 Pa. Cons. Stat. § 3731(d)(1) — 1 case
— 75 Pa. Cons. Stat. § 3731(e) — 43 cases
Commonwealth v. Conahan, 589 A.2d 1107 (Pa. 1991).
“The issue before this Court is whether the Superior Court erred in determining that the mandatory sentence for driving under the influence, 75 Pa.C.S. § 3731, precludes a credit for time served voluntarily in inpatient alcohol rehabilitation.”
Commonwealth v. Mikulan, 470 A.2d 1339 (Pa. 1983).
“[5] Unlike Judge Cercone we are not here required to use the 302(b)(4) gross deviation standard in order to distinguish the 75 Pa.C.S. § 3731 Vehicle Code offense from a related Crimes Code offense using recklessness or gross negligence.”
— 75 Pa. Cons. Stat. § 3731(e)(1) — 24 cases
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
“Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
— 75 Pa. Cons. Stat. § 3731(e)(1)(H) — 2 cases
— 75 Pa. Cons. Stat. § 3731(e)(1)(h) — 11 cases
Commonwealth v. Mockaitis, 834 A.2d 488 (Pa. 2003).
“75 Pa.C.S. § 3731. The court below granted relief only to the extent that it vacated its original directive that ordered appellee to install an approved ignition interlock system on each of his motor vehicles as a condition precedent to restoration of his operating privileges by…”
— 75 Pa. Cons. Stat. § 3731(e)(1)(i) — 4 cases
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
“Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
— 75 Pa. Cons. Stat. § 3731(e)(1)(ii) — 8 cases
— 75 Pa. Cons. Stat. § 3731(e)(1)(iii) — 7 cases
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
“Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
Commonwealth v. Mikulan, 470 A.2d 1339 (Pa. 1983).
“[5] Unlike Judge Cercone we are not here required to use the 302(b)(4) gross deviation standard in order to distinguish the 75 Pa.C.S. § 3731 Vehicle Code offense from a related Crimes Code offense using recklessness or gross negligence.”
— 75 Pa. Cons. Stat. § 3731(e)(1)(iv) — 4 cases
— 75 Pa. Cons. Stat. § 3731(e)(2) — 11 cases
— 75 Pa. Cons. Stat. § 3731(e)(3) — 8 cases
— 75 Pa. Cons. Stat. § 3731(e)(4) — 8 cases
— 75 Pa. Cons. Stat. § 3731(e)(6) — 7 cases
— 75 Pa. Cons. Stat. § 3731(e)(6)(h) — 5 cases
— 75 Pa. Cons. Stat. § 3731(e)(6)(ii) — 12 cases
— 75 Pa. Cons. Stat. § 3731(e)(6)(iii) — 1 case
— 75 Pa. Cons. Stat. § 3731(e)(6)(v) — 1 case
— 75 Pa. Cons. Stat. § 3731(e)(6)(vi) — 2 cases
— 75 Pa. Cons. Stat. § 3731(e)(7) — 3 cases
— 75 Pa. Cons. Stat. § 3731(e)(8) — 2 cases
— 75 Pa. Cons. Stat. § 3731(e)(i) — 1 case
— 75 Pa. Cons. Stat. § 3731(e)(iv) — 3 cases
— 75 Pa. Cons. Stat. § 3731(e)(l) — 2 cases
— 75 Pa. Cons. Stat. § 3731(e)(l)(i) — 9 cases
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
“Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
— 75 Pa. Cons. Stat. § 3731(e)(l)(ii) — 9 cases
— 75 Pa. Cons. Stat. § 3731(e)(l)(iii) — 8 cases
Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000).
“Pennsylvania's drunk driving statute, 75 Pa.C.S. § 3731, provides, in pertinent part, as follows: *744 (a) Offense definedA person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the…”
Commonwealth v. Mikulan, 470 A.2d 1339 (Pa. 1983).
“[5] Unlike Judge Cercone we are not here required to use the 302(b)(4) gross deviation standard in order to distinguish the 75 Pa.C.S. § 3731 Vehicle Code offense from a related Crimes Code offense using recklessness or gross negligence.”
— 75 Pa. Cons. Stat. § 3731(e)(l)(iv) — 9 cases
— 75 Pa. Cons. Stat. § 3731(f) — 1 case
— 75 Pa. Cons. Stat. § 3731(h) — 4 cases
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