§ 3735.1. Aggravated assault by vehicle while driving under the influence.
(a) Offense defined.--Any person who negligently causes serious bodily injury to another person as the result
of a violation of section 3802 (relating to driving under influence of alcohol or
controlled substance) and who is convicted of violating section 3802 commits a felony
of the second degree when the violation is the cause of the injury.
(a.1) Sentencing.--In addition to any other penalty provided by law, a person convicted of a violation
of subsection (a) and a violation of section 1501 (relating to drivers required to
be licensed) or 1543 (relating to driving while operating privilege is suspended or
revoked) when committed at the same time and place may be sentenced to an additional
term not to exceed two years' confinement.
(b) Definition.--(Deleted by amendment).
(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb.
1, 2004; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2018, P.L.925, No.153,
eff. 60 days)
2018 Amendment. Act 153 added subsec. (a.1).
2010 Amendment. Act 81 deleted subsec. (b). The preamble of Act 81 provided that Act 81 may be referred
to as the Sgt. Michael C. Weigand Law.
2003 Amendment. Act 24 amended subsec. (a).
1996 Amendment. Act 8 added section 3735.1.
Cross References. Section 3735.1 is referred to in sections 1532, 1541, 1554 of this title; section
8137 of Title 35 (Health and Safety); sections 1725.3, 5750, 67A01 of Title 42 (Judiciary
and Judicial Procedure).
Notes of Decisions
Cited in
69
cases (
23 in the last 5 years), 2000–2026 · leading case:
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
· cites it 10× “I respectfully disagree with the conclusion of the majority that criminal negligence is the mens rea for homicide by vehicle while driving under the influence of alcohol, 75 Pa.”
Drabic v. Com., Dept. of Transp., 906 A.2d 1153 (Pa. 2006).
· cites it 10× “§ 3735 (homicide by vehicle while driving under the influence) 3 years 75 Pa.C.S. § 3735.1 (aggravated assault by vehicle while driving under the influence) 1 year 75 Pa.”
Commonwealth v. Spotti, 94 A.3d 367 (Pa. Super. Ct. 2014).
· cites it 6× “, (“Appellant”) appeals from the aggregate judgment of sentence of 2-4 years’ incarceration, which was imposed following his convictions by a jury trial of four counts of aggravated assault by vehicle while driving under the influence of alcohol (AA-DUI), 75 Pa.C.S. § 3735.1,…”
Commonwealth v. Eichler, 133 A.3d 775 (Pa. Super. Ct. 2016).
· cites it 2× “75 Pa.C.S. § 3735.1.' Section 3802(a)(1) of the Vehicle Code provides: An individual- may not drive, operate or be .”
Commonwealth v. Schmohl, 975 A.2d 1144 (Pa. Super. Ct. 2009).
· cites it 3× “75 Pa.C.S. § 3735.1, 18 Pa.C.S. § 2705, 75 Pa.”
Commonwealth v. Ruey, 892 A.2d 802 (Pa. 2006).
· cites it 2× “[4] 75 Pa.C.S. § 3735.1 (amended 2003). [5] 75 Pa.”
Com. v. Parker, A., 249 A.3d 590 (Pa. Super. Ct. 2021).
“§§ 2702, 2701, 907, 2705, 3304(a)(1), and 75 Pa.C.S. §§ 3735.1, 3742, 3802(d)(1), respectively.”
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
“Appellant was also charged with two counts of aggravated assault by motor vehicle while driving under the influence, 75 Pa.C.S. § 3735.1; two counts of driving under the influence of alcohol, 75 Pa.”
Commonwealth v. Cruz, 71 A.3d 998 (Pa. Super. Ct. 2013).
“75 Pa.C.S. § 3735.1. Appellant argues that the evidence was insufficient to establish that he was under the influence of alcohol while driving at the time of the accident, an element of each of the above offenses.”
Commonwealth v. McHale, 858 A.2d 1209 (Pa. Super. Ct. 2004).
“The relevant statute currently reads as follows: "Any person who negligently causes serious bodily injury to another person as a result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating…”
Commonwealth v. Barbaro, 94 A.3d 389 (Pa. Super. Ct. 2014).
“75 Pa.C.S. § 3735.1 (relating to aggravated assault by vehicle while driving under the influence).”
Doheny v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 171 A.3d 930 (Pa. Commw. Ct. 2017).
“1(a) of the Vehicle Code, 75 Pa.C.S. § 3735.1(a), provides: Any person who ■ negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of…”
— 75 Pa. Cons. Stat. § 3735.1(A) — 1 case
— 75 Pa. Cons. Stat. § 3735.1(a) — 36 cases
Commonwealth v. Eichler, 133 A.3d 775 (Pa. Super. Ct. 2016).
“75 Pa.C.S. § 3735.1.' Section 3802(a)(1) of the Vehicle Code provides: An individual- may not drive, operate or be .”
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“I respectfully disagree with the conclusion of the majority that criminal negligence is the mens rea for homicide by vehicle while driving under the influence of alcohol, 75 Pa.”
Doheny v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 171 A.3d 930 (Pa. Commw. Ct. 2017).
“1(a) of the Vehicle Code, 75 Pa.C.S. § 3735.1(a), provides: Any person who ■ negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of…”
— 75 Pa. Cons. Stat. § 3735.1(b) — 1 case
Commonwealth v. Spotti, 94 A.3d 367 (Pa. Super. Ct. 2014).
“, (“Appellant”) appeals from the aggregate judgment of sentence of 2-4 years’ incarceration, which was imposed following his convictions by a jury trial of four counts of aggravated assault by vehicle while driving under the influence of alcohol (AA-DUI), 75 Pa.C.S. § 3735.1,…”
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