Commonwealth v. Segida

OPINION

Justice McCAFFERY.

In this appeal by the Commonwealth, we consider whether the offense of driving under the influence (“DUI”) set forth at 75 Pa.C.S. § 3802(a)(1) is an “at the time of driving” offense. *106While we agree with the Superior Court’s conclusion that it is such an offense and so hold, we conclude that the Superior Court erred in determining that the evidence was insufficient to support a conviction in this case. Accordingly, we vacate the order of the Superior Court and remand to the trial court.

On September 19, 2004, at approximately 12:20 a.m., Officer Patrick Hillyard was…