Commonwealth v. Demor

POPOVICH, Judge.

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following appellant’s conviction on the charge of driving while under the influence of alcohol, 75 Pa.C.S.A. § 3731(a)(4) and (a)(5). 1 On appeal, appellant contends that the results of his breathalyzer test should have been suppressed and that his conviction pursuant to Section 3731(a)(5) was unconstitutional. We find that the lower court did not err in failing to suppress appellant’s breath test results, and, therefore, we affirm the judgment of sentence for his…