Commonwealth v. Miller

OPINION BY OLSON, J.:

The Commonwealth of Pennsylvania appeals from the May 1, 2017 order granting Gary William Miller's ("Appellee's") motion to suppress blood alcohol concentration ("BAC") test results, obtained after the reading of the newly-revised DL-26B form and without a warrant, during the course of a driving under the influence ("DUI") investigation. Appellee argues that, because of a prior DUI arrest in which he received warnings pursuant to *450 the prior DL-26 form, Appellee subjectively believed that the new form threatened enhanced criminal punishment if he refused to consent to a…