The Third Circuit has determined that Pennsylvania’s DUI statute - which criminalizes driving under the influence of controlled substances - is overbroad and indivisible with respect to the identify of the substances the person was using. The court noted that under state law, jurors do not to unanimously agree what substance a defendant is under the influence of to convict.

The full text of Pesikan v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/203307p.pdf

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