§ 3735. Homicide by vehicle while driving under influence.
(a) Offense defined.--
(1) A person who unintentionally causes the death of 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:
(i) is guilty of a felony of the second degree;
(ii) is guilty of a felony of the first degree if, before sentencing on the present violation,
the person has incurred a conviction, adjudication of delinquency or other form of
preliminary disposition for any of the following:
(A) An offense under section 3802.
(B) An offense under former section 3731 (relating to driving under influence of alcohol
or controlled substance).
(C) An offense which constitutes a felony under this subchapter.
(D) An offense substantially similar to an offense under clause (A), (B) or (C) in another
jurisdiction.
(E) Any combination of the offenses under clause (A), (B), (C) or (D); or
(iii) is guilty of a felony of the first degree if the person convicted of a violation of
subsection (a) is also convicted of a violation of section 3802(h)(1).
(2) The sentencing court shall order a person convicted under paragraph (1)(i) to serve
a minimum term of imprisonment of not less than three years. A consecutive three-year
term of imprisonment shall be imposed for each victim whose death is the result of
a violation of section 3802.
(3) The sentencing court shall order a person convicted under paragraph (1)(ii) to serve
a minimum term of imprisonment of:
(i) Not less than five years if, before sentencing on the present violation, the person
has one prior conviction, adjudication of delinquency or other form of preliminary
disposition for any of the offenses listed under paragraph (1)(ii)(A), (B), (C), (D)
or (E). A consecutive five-year term of imprisonment shall be imposed for each victim
whose death is the result of a violation of section 3802.
(ii) Not less than seven years if, before sentencing on the present violation, the person
has incurred a prior conviction for violating section 3802(h)(1) or at least two prior
convictions, adjudications of delinquency or other forms of preliminary disposition
for any of the offenses listed under paragraph (1)(ii)(A), (B), (C), (D) or (E). A
consecutive seven-year term of imprisonment shall be imposed for each victim whose
death is the result of a violation of section 3802.
(4) The sentencing court shall order a person convicted under paragraph (1)(iii) to serve
a minimum term of imprisonment of not less than five years. A consecutive five-year
term of imprisonment shall be imposed for each victim whose death is the result of
a violation of section 3802(h)(1).
(b) Applicability of sentencing guidelines.--The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing
shall not supersede the mandatory penalty of this section.
(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 23, 1996, P.L.21, No.8, eff.
60 days; July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,
eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Oct. 24, 2018, P.L.925,
No.153, eff. 60 days; Dec. 22, 2025, P.L.363, No.58, eff. imd.)
2025 Amendment. Act 58 amended subsec. (a)(1) and (3) and added subsec. (a)(4). See section 8 of Act
58 in the appendix to this title for special provisions relating to findings and declarations.
2018 Amendment. Act 153 amended subsec. (a).
1996 Amendments. Act 115 overlooked the amendment by Act 8, but the amendments do not conflict in substance
and have both been given effect in setting forth the text of section 3735.
Cross References. Section 3735 is referred to in sections 1532, 1541, 1553, 1554, 1556, 1575, 3803 of
this title; section 8137 of Title 35 (Health and Safety); sections 1725.3, 1725.5,
5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
121
cases (
26 in the last 5 years), 1983–2026 · leading case:
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
· cites it 24× “If we adhere to the rationale of Heck , it would follow that 75 Pa.C.S. § 3735 requires proof of criminal negligence.”
Drabic v. Com., Dept. of Transp., 906 A.2d 1153 (Pa. 2006).
· cites it 7× “§ 1532 (Suspension of operating privilege), [2] sending an individual notice to Drabic for each: *1155 Length of Operator's Criminal Offense Privilege Suspension 75 Pa.C.S. § 3735 (homicide by vehicle while driving under the influence) 3 years 75 Pa.”
Commonwealth v. McCane, 539 A.2d 340 (Pa. 1988).
· cites it 8× “Appellee was also charged with violating section 3735 of the Motor Vehicle Code (75 Pa.C.S. § 3735), homicide by vehicle while driving under the influence.”
Commonwealth v. Lenhart, 553 A.2d 909 (Pa. 1989).
· cites it 10× “Lenhart's conviction of homicide by *191 vehicle while driving under the influence (DUI), a violation of 75 Pa.C.S. § 3735, we confront the question of whether the trial judge improperly based his finding of guilt on inadequate proof that appellant's drunk driving caused the…”
Commonwealth v. Cieri, 499 A.2d 317 (Pa. 1985).
· cites it 5× “Appellant argues (1) that the trial court erred in refusing to suppress the results of a blood alcohol test performed by police on a sample of his blood; (2) that the trial court erred in refusing to permit a witness to testify; (3) that the verdict was against the weight of the…”
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
· cites it 2× “§ 3732, and one count of homicide by vehicle while driving under the influence (“homicide by vehicle/DUI”), 75 Pa.C.S. § 3735. 1 In an omnibus pre-trial motion, Appellant asked the trial court to dismiss the charges of homicide by vehicle and homicide by vehicle/DUI on the…”
Commonwealth v. Magliocco, 806 A.2d 1280 (Pa. Super. Ct. 2002).
· cites it 4× “¶ 18 The trial judge, sitting as the factfinder, convicted the defendant of the homicide by vehicle charge, see 75 Pa.C.S. § 3735, but found him not guilty of all other charges, which included the charge of driving under the influence of alcohol, see 75 Pa.”
Commonwealth v. States, 938 A.2d 1016 (Pa. 2007).
· cites it 2× “[4] 75 Pa.C.S. § 3735. [5] 75 Pa.C.S. § 3731(a)(1), (a)(3), and (a)(4).”
Commonwealth v. Packer, 168 A.3d 161 (Pa. 2017).
“75 Pa.C.S. § 3735(a). A person commits aggravated assault by vehicle while DUI, also a second-degree felony enacted in 1996, if he or she negligently causes a person to suffer serious bodily injury as a result of the defendant’s DUI.”
Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006).
· cites it 2× “75 Pa.C.S. § 3735(a). [12] 18 Pa.C.S. § 6301(a)(1).”
Commonwealth v. Ruey, 892 A.2d 802 (Pa. 2006).
· cites it 2× “[3] 75 Pa.C.S. § 3735 (amended 2003). [4] 75 Pa.”
— 75 Pa. Cons. Stat. § 3735(A) — 1 case
— 75 Pa. Cons. Stat. § 3735(a) — 60 cases
Commonwealth v. Packer, 168 A.3d 161 (Pa. 2017).
“75 Pa.C.S. § 3735(a). A person commits aggravated assault by vehicle while DUI, also a second-degree felony enacted in 1996, if he or she negligently causes a person to suffer serious bodily injury as a result of the defendant’s DUI.”
Commonwealth v. Samuels, 778 A.2d 638 (Pa. 2001).
“If we adhere to the rationale of Heck , it would follow that 75 Pa.C.S. § 3735 requires proof of criminal negligence.”
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
“§ 3732, and one count of homicide by vehicle while driving under the influence (“homicide by vehicle/DUI”), 75 Pa.C.S. § 3735. 1 In an omnibus pre-trial motion, Appellant asked the trial court to dismiss the charges of homicide by vehicle and homicide by vehicle/DUI on the…”
— 75 Pa. Cons. Stat. § 3735(a)(1) — 3 cases
— 75 Pa. Cons. Stat. § 3735(a)(1)(i) — 4 cases
— 75 Pa. Cons. Stat. § 3735(a)(1)(ii) — 2 cases
— 75 Pa. Cons. Stat. § 3735(a)(2) — 3 cases
— 75 Pa. Cons. Stat. § 3735(b) — 1 case
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