Walthour v. Commonwealth

Opinion by

Judge Craig,

In Pratt v. Department of Transportation, 62 Pa. Commonwealth Ct. 55, 57, n. 1, 434 A.2d 918, 919, n. 1 (1981), we noted, but did not there have to decide, the question of whether or not extreme intoxication could be a lawful justification fora motorist’s failure to submit to an alcohol test.

The present case now squarely presents that issue for decision. Here, appellant Walthour, arrested for driving while under the influence of .alcoholic beverages, refused o.r failed to submit to a breathalyzer alcohol test when a police officer, with proper warnings, requested that he…