Commonwealth v. Fellmeth

Opinion by

Judge Craig,

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Montgomery County Court of Common Pleas reversing DOT’s suspension of Adolph F. Fellmeth, Jr.s driver’s license.

The question is whether a motorist’s declining to submit to a second breathalyzer test, when the breathalyzer machine functioned properly the first time except for a printing error, constitutes a “refusal” to take a chemical test for blood alcohol content in violation of the statutory duty to submit to such a test.

Fellmeth, arrested for driving under the…