Opinion

Commonwealth v. Mikulan

  • 504 Pa. 244
  • 470 A.2d 1339
  • 1983 Pa. LEXIS 772
Court
Supreme Court of Pennsylvania
Filed
Dec 30, 1983
Status
Published
Author
Nix
On the bench
Roberts, Nix, Larsen, Flaherty, McDermott, Zappala
Cited by
134 cases

explaining that it is now virtually.universally accepted that a person with a blood alcohol percent of .10 should not be driving, and that such percentage should be accepted as prima facie evidence of intoxication

How later courts described this case

  • explaining that it is now virtually.universally accepted that a person with a blood alcohol percent of .10 should not be driving, and that such percentage should be accepted as prima facie evidence of intoxication
  • upholding the imposition of absolute criminal liability where the Commonwealth failed to charge or prove culpability pursu ant to 75 Pa.C.S. § 3731(a)(4), driving with a blood alcohol of .10%, and the defendant was sentenced to less than ninety days imprisonment
  • finding that the General Assembly has a compelling interest in protecting citizens against drunk drivers
  • stating “there is no constitutional, statutory or common law right to the consumption of any quantity of alcohol before driving”

Written by the judges who cited it.

The opinion

*266 NIX, Justice,

concurring.

Although I share some of the concerns ably expressed in Mr. Justice Flaherty’s Dissenting Opinion, I am persuaded to join the mandate of the majority based upon the view that a finding of 0.10% necessarily requires the individual consuming such a quantity to be aware of some degree of impairment resulting from the alcoholic intake.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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