Commonwealth v. Bly

By JUDGE ROBERT K. WOLTZ

The issue in this case is the sufficiency of the warning to the defendant respecting his loss of driving privileges for unreasonable refusal to take a blood alcohol test under the implied consent law after his arrest on a charge of driving under the influence of alcohol.

At trial the arresting officer testified he "informed the defendant of the implied consent law" and on cross-examination that the defendant had a right to a blood or breath test and if he refused he "could be charged with refusal" or "refusal could be a charge against him” or words to that effect. The…