Commonwealth v. Murray

EAKIN, J.:

¶ 1 Appellant was convicted of driving under the influence of alcohol (DUI) under 75 Pa.C.S. Section 3731(a)(4), and chal-' lenges the constitutionality of Section 3731(a.l). Finding the statute to be constitutional and the evidence sufficient, we affirm.

¶ 2 At approximately 2:08 a.m., on June 13, 1997, appellant was stopped by a police officer for making an illegal right turn at a red light. The officer smelled alcohol on appellant, who admitted he had two or three beers at a local tavern. When appellant failed field sobriety tests, the officer arrested him for DUI and took him to…