Commonwealth v. Giltinan

SMILLIE, J.,

The Department of Transportation (department) suspended William Giltinan’s license pursuant to section 1547(b) of the Vehicle Code, 75 Pa.C.S.A. § 1547(b), for refusal to submit to a breathalyzer test following his arrest for driving under the influence of intoxicating liquor.

Giltinan has appealed the court’s order upholding the suspension of his motor vehicle operator’s license, necessitating the opinion herewith.

“In order for a suspension for refusal to submit to a chemical test of breath or blood to be sustained, *164the Department must prove that a driver was placed under arrest…