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Commonwealth v. Etheredge

DUI defendant suffered neither equal protection nor due process violation where trial court imposed new statutory penalty requiring installation of ignition interlock device as prerequisite to reinstatement of driver's license.

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�1 Sandra Etheredge appeals from judgment of sentence entered June 20, 2001 following her conviction for Driving Under the Influence of Alcohol (DUI). *fn2 On appeal, she alleges that the trial court erred in denying her omnibus motion for suppression of evidence by arguing that the evidence was illegally obtained because the roadblock was not established in compliance with the law. Second, she argues that the trial court erred in ordering her to comply with Act 63 of 2000, *fn3 which requires her to install an ignition interlock device on her vehicle in order to have her driver’s license reinstated after a one year suspension is served. *fn4 After careful consideration, we affirm.

�2 The relevant factual history may be briefly summarized as follows. On May 7, 2000, Appellant was stopped by the Washington Township Police at a sobriety checkpoint located at 1901 East Main Street (State Route 16) in Washington Township, Franklin County, Pennsylvania. Subsequent to the stop, the Appellant’s blood alcohol content (BAC) was determined to be .157, and therefore, she was charged with Driving Under the Influence of Alcohol (DUI).

�3 Appellant filed an omnibus motion to suppress all audio, visual and sensory impressions made by the arresting officers as well as the BAC results based on the assertion that there was no probable cause to stop her and that the stop was made pursuant to an illegal DUI checkpoint. Following a hearing on the omnibus motion, in which the defense pursued the issue of whether the checkpoint was properly established, the trial court denied the motion. Thereafter, the Appellant was found guilty at a non-jury trial, and was sentenced to 30 days to 23 months’ incarceration, mandated treatment, participation in the multiple offender program, and was ordered to comply with the requirements of Act 63-2000 (requiring the installation of an ignition interlock device). This timely appeal followed.

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