Commonwealth v. Musau, 69 A.3d 754

Appellant John M. Musau was convicted of DUI under 75 Pa.C.S. § 3802(a)(1) after refusing chemical testing.
He had a prior DUI, and the trial court graded the offense as a first-degree misdemeanor under § 3803(b)(4).
Sentence was 90 days to 5 years, to be served on 45 consecutive weekends with immediate parole after the first weekend.
Musau timely appealed, challenging the legality of the sentence rather than sufficiency of the evidence.
The issue presented is whether the maximum permissible sentence for a second DUI with BAC refusal is six months, notwithstanding the first-degree misdemeanor grading.
The Superior Court vacated the sentence and remanded for resentencing consistent with the court’s interpretation of the statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Maximum sentence for second DUI with BAC refusal?	Musau argues six months maximum under § 3803(a).	Commonwealth argues subsection (b) controls and authorizes five years.	Six months maximum; sentence vacated and remanded for resentencing.

Commonwealth v. Ruffin, 16 A.3d 537 (Pa.Super.2011) (distinguishing grading vs. punishment)
Commonwealth v. Davis, 618 A.2d 426 (Pa.Super.1992) (grading offense vs. severity of punishment)
Commonwealth v. Hansley, 47 A.3d 1180 (Pa.2012) (special provisions prevail when necessary)
Commonwealth v. Booth, 766 A.2d 843 (Pa.2001) (legal interpretation favors accused when ambiguity exists)
Commonwealth v. Gordon, 992 A.2d 204 (Pa.Super.2010) (oversight for legislature to correct; distinction grading vs. punishment)
Commonwealth v. Wilgus, 40 A.3d 1201 (Pa.2012) (limits of the rule of lenity in penal statutes)
Commonwealth v. Dixon, 53 A.3d 839 (Pa.Super.2012) (strict construction of penal statutes)
City of Philadelphia v. Clement & Muller, 715 A.2d 397 (Pa.1998) (not notwithstanding construed as regardless)
Commonwealth v. Booth, 766 A.2d 843 (Pa.2001) (notwithstanding language in statutes)