Commonwealth v. Loeper

OPINION OF THE COURT

CAPPY, Justice.

The question before this Court is whether the Superior Court erred in determining that the Commonwealth presented sufficient evidence to support Appellant’s conviction of driving under the influence of alcohol pursuant to 75 Pa.C.S. § 3731(a)(4) (operation of a motor vehicle while the amount of alcohol by weight in the blood of the person is 0.10% or greater). Upon review of the record we conclude that the evidence was insufficient to establish that Appellant possessed *396a blood alcohol level of .10% or greater at the time he operated a motor vehicle.…