Bureau of Traffic Safety v. Dauer

Opinion by

Judge Wilkinson, Jr.,

The Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Elk County reversing the Department’s suspension of the motor vehicle operator’s license of appellee pursuant to Section 1547(b) of the Vehicle Code, 75 Pa. C.S. §1547(b), for refusing to submit to a breathalyzer test.

In order for a suspension for refusal to submit to a chemical test of breath or blood to be sustained, the Department must prove that a driver was placed under arrest upon the charge of driving while intoxicated, was requested to submit to a…