# Commonwealth v. Mikulan

> Supreme Court of Pennsylvania · December 30, 1983 · 504 Pa. 244

URL: https://www.frixlaw.com/law-library/cases/9634306

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. Richard M. MIKULAN, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 30, 1983
- **Citations:** 504 Pa. 244; 470 A.2d 1339; 1983 Pa. LEXIS 772
- **Precedential status:** Published
- **Opinion:** Concurrence by Nix
- **Judges:** Roberts, Nix, Larsen, Flaherty, McDermott, Zappala
- **Cited by:** 134 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9634306

## How later opinions describe it (automated extraction)

- 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
- 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”

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9634306. Public record. Not legal advice.