Oesterling v. Commonwealth, Department of Transportation

*639OPINION BY

Senior Judge MIRARCHI.

Before this Court is an appeal by the Department of Transportation, Bureau of Driver Licensing (Department) from an order of the Court of Common Pleas of Butler County (trial court) sustaining the appeal of Eric Albert Oesterling (Oester-ling) from a six-month suspension of his driving privilege. We reverse.

The facts in this appeal are undisputed. On November 16, 2001, Oesterling was arrested for driving while under the influence (DUI) of a controlled substance (heroin) and for possession of heroin in his vehicle during a traffic stop. He was convicted on both…