Commonwealth v. Williamson 2008 PA Super 276

Topic: DUI – Controlled Substances

Summary: The test results submitted to prove DUI under 75 Pa.C.S.A. Section 3802(d)(2) do not have to include an amount to support a conviction.

Illustration: Tanya Lea Williamson was charged with 75 Pa.C.S.A. Section 3802(d)(2) when a urine test showed a quantity of benzodiazepines in her system. The test result, although a positive result for benzodiazepines, did not show the amount of the controlled substance that was in her system. The Superior Court concluded that 75 Pa.C.S.A. Section 1547 was inapplicable and Section 3802(d)(2) only requires that the test result show that a controlled substance is in a driver’s system and the driver be incapable of safe driving to support a conviction.

http://www.pacourts.us/OpPosting/Superior/out/s47034_08.pdf