Commonwealth, Department of Transportation v. Berta

Dissenting Opinion by

Senior Jüdge Kalish:

I respectfully dissent.

In order to uphold the suspension of an operators license for. refusal to take a breathalyzer test, DOT has the burden of proving, initially, that the arresting officer had reasonable grounds to believe that the licensee was driving while intoxicated. In other words, the propriety of the suspension for such refusal depends on whether the police officer had reasonable grounds to believe that *564the licensee was driving while intoxicated. Department of Transportation, Bureau of Traffic Safety v. Doyle, 103 Pa. Commonwealth Ct. 490,…