ORDER

AND NOW, this 23rd day of January, 1997, the Petition for Allowance of Appeal is GRANTED. The order of the Superior Court affirming petitioner’s conviction under 75 Pa.C.S. § 3731(a)(5) is REVERSED and the judgment of sentence is VACATED on the basis of this Court’s opinion in Commonwealth v. Barud, 545 Pa. 297, 681 A.2d 162 (1996).