Smith v. Commonwealth

Opinion by

Judge Craig,

Wayne Allen Smith appeals from an order of the Court of Common Pleas of Cambria County affirming the Department of Transportations suspension of Smiths operating privileges for one year. We affirm.

Smith, arrested for driving under the, influence of alcohol, assented to a breathalyzer alcohol test. However, before the breathalyzer test was performed, the arresting officer directed that Smith be taken to the hospital for a blood alcohol test.

At the hospital, Smith refused to submit to the blood alcohol test because he allegedly had a fear of needles. The police officer…