Colgan v. Commonwealth

I must agree with the majority’s statement that when a licensee requests that a test other than the one offered by *482the arresting officer be administered a refusal has occurred. However, I do not believe that this is the decisive fact in this case and I therefore respectively dissent.

As noted by the majority, the licensee, following a refusal to submit to a breathalyzer test agreed to submit to a blood test. Upon arrival at a local hospital a physician began to prepare to administer the blood test. The licensee protested the withdrawal of blood from his arm and requested that it be extracted…