In Commonwealth v. Hill, the Pennsylvania Supreme Court held that the defendant’s separate sentences for his convictions of two counts of 75 Pa.C.S. §§ 3802(a)(1) and 3804(c)(1), based on a single criminal act, were a violation of the Double Jeopardy Clause. Section 3802 is entitled “Driving under the influence of alcohol or controlled substance.” 75 Pa.C.S. § 3802. Section 3804 of the Vehicle Code is entitled “Penalties” and provides specific, mandatory sentences for violations of Subsection 3802(a)(1) (DUI-general impairment). Because the defendant waived his challenge to the convictions on both counts, the Court did not address the legality of convicting the defendant of two counts of 75 Pa.C.S. §§ 3802(a)(1) and 3804(c)(1), based on a single criminal act.
