Moran v. Commonwealth

Opinion by

Judge Wilkinson, Jr.,

Petitioner was arrested by the Pennsylvania State Police for driving a vehicle while under the influence of alcohol in violation of Section 3731 of The Vehicle Code (Code), 75 C.S. §3731, 75 P.S. §3731. He was asked to submit to a breathalyzer test. He refused. The arresting officer transported him to the police station where he was again asked to take a breathalyzer test and again refused. At this point we arrive at the crux of petitioner’s case and state from the State Police Officer’s testimony:

I advised him that ■ his license could be suspended for a period…