Commonwealth v. Lee

This is an appeal by the Commonwealth from an order suppressing the results of blood tests performed on the appellee to determine if he was intoxicated, and unable to operate a motor vehicle.

The Commonwealth, on appeal, questions whether the police officer was precluded from having blood tests administered on appellee in that even though appellee’s lip was badly lacerated, he still might have been able to take a breathalyzer test. The sole consideration is whether the inability to perform a breathalyzer test is a condition precedent to the administration of a blood test under 75 P.S. § 624.1…