Commonwealth v. Haag

OPINION

Justice McCAFFERY.

In this appeal, we are asked to determine whether two offenses of Driving Under the Influence of Alcohol (“DUI”) occurring within one and one-half hours of each other should be considered first and second offenses for purposes of sentencing under the recidivist provisions of the Vehicle Code. Because we conclude that 75 Pa.C.S. § 3806(b) requires that an offender have a conviction, or other specified form of judicial process, on a precedent offense prior to the commission of a subsequent violation in order for the subsequent offense to be considered a “second offense”…