Commonwealth v. Roney

Opinion by

Judge Craig,

The Department of Transportation appeals from an order of the Court of Common Pleas of Montgomery County which reversed the departments suspension of Barry Roneys operating privileges for one year. After considering the undisputed facts, we reverse.

Roney, arrested for driving under the influence of alcohol, assented to a breathalyzer alcohol test. The alcohol level registered .227 on the breathalyzer machine. After Roney performed the breathalyzer test, he admitted that he had been driving while intoxicated.

After concluding the test, the arresting officer observed that…