Commonwealth v. Semuta

In Commonwealth v. Semuta, 2006 PA Super 163, 902 A.2d 1254 (Pa. Super. 2006), appeal denied, 594 Pa. 679, 932 A.2d 1288 (2007), a case involving a licensee driving under the influence of alcohol or a controlled substance, the Superior Court observed: Appellant was charged only with 75 Pa. C.S.A. 3802(a)(1) and 75 Pa. C.S.A. 3802(b), yet he challenges Section 3802 in its entirety. An individual launching a constitutional challenge to a statute must be injured by it. He cannot challenge it in the abstract. Commonwealth v. Bell, 512 Pa. 334, 516 A.2d 1172 (1986). Appellant was not charged with each subsection of Section 3802; thus, we find he may not challenge all of it. Semuta, at 1260, n.6.