Commonwealth v. Haight
50 A.3d 137
| Pa. | 2012Background
- Police stopped Appellant for a nonfunctioning right brake light; observed driver not wearing a seat belt and smelling of alcohol; Appellant admitted consuming four beers and failed field sobriety tests, after which he was taken for a blood draw at Lock Haven Hospital; BAC reported as .181% in a supernatant sample; trial court noted serum/supernatant testing requires conversion to whole-blood BAC to sustain a 3802(b) conviction; the Commonwealth offered Dr. Kamerow’s conversion-based testimony, Appellant offered Dr. Citron’s critique, and the court ultimately found a .158% whole-blood BAC to sustain a 3802(b) conviction; Appellant was convicted of DUI high rate (3802(b)) and related offenses and sentenced; the Superior Court affirmed, and there is a dissent criticizing the lack of a scientifically established conversion factor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence under 3802(b) | Appellant argues supernatant BAC cannot prove 0.10–0.16% without a valid conversion | Commonwealth relies on Kamerow conversion showing equivalence to whole blood | Sufficient evidence; conversion to 0.158% supports 3802(b) |
| Burden-shifting and admissibility of conversion evidence | Appellant contends trial court shifted burden by crediting defense expert | Court properly weighed competing expert testimony; did not shift burden | No improper burden shift; conviction sustained under 3802(b) |
Key Cases Cited
- Commonwealth v. Renninger, 682 A.2d 356 (Pa. Super. 1996) (supernatant requires conversion to whole-blood BAC)
- Commonwealth v. Hutchins, not an official reporter; 2012 WL 604425 (Pa. Super. 2012) (supernatant testing requires conversion to whole-blood BAC)
- Commonwealth v. Kohlie, 811 A.2d 1010 (Pa. Super. 2002) (cannot rely on serum alone; need whole-blood equivalent)
- Commonwealth v. Michuck, 686 A.2d 403 (Pa. Super. 1996) (conversion or policy for Lock Haven/partial samples)
- Commonwealth v. Jones, 874 A.2d 108 (Pa. Super. 2005) (standard for sufficiency; circumstantial evidence allowed)
- Commonwealth v. Sinclair, 897 A.2d 1218 (Pa. Super. 2006) (conversion/charge conformance to evidence)