McFarren v. Commonwealth, Department of Transportation

Opinion by

Judge Craig,

In Department of Transportation, Bureau of Traffic Safety v. Fullerton, 31 Pa. Commonwealth Ct. 609, 377 A.2d 1024 (1977), we held that a motorists refusal to submit to a second breathalyzer alcohol test, when the breathalyzer machine did not function properly the first time, constituted a violation of the statutory duty to submit to an alcohol test. The issue in this case is whether a motorists refusal to submit to a second breathalyzer alcohol test, when the breathalyzer machine did function properly the first time, constitutes a violation of that statutory duty.

Here,…