Duquesne Law Review


Tim Berggren


The Pennsylvania Supreme Court has held that the plain language- of 75 Pa Cons Stat Ann section 3731(a)(4) requires the state to establish the defendant's blood alcohol level at the time of driving. Therefore, when the defendant's blood alcohol level minimally exceeds the statutory limit (0.10%), the time between the defendant's driving and his blood test is substantial, and the state has failed to relate the test results back to the time of driving, the state has not met its burden of proof and the defendant's guilt is left to speculation which is not sufficient for conviction.

Commonwealth v Jarman, ___ Pa ___, 601 A2d 1229 (1992).

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