Commonwealth v. Bell

OPINION BY

STEVENS, P.J.E.:

The Commonwealth appeals from the order entered by the Court of Common Pleas of Lycoming County awarding Ap-pellee Thomas S. Bell a new trial. The Commonwealth claims the trial court erred in finding that the prosecution’s admission of evidence of Appellee’s refusal to submit to a blood test at his trial on driving under the influence (DUI) charges violated his Fourth Amendment right to be free from unreasonable searches.

As we conclude that it is constitutionally permissible to deem motorists to have consented to the specific provision of Pennsylvania’s Implied…