Commonwealth v. Kardel

Opinion by

Judge Palladino,

This is an appeal by the Pennsylvania Department of Transportation (DOT) from an order of the Court of Common Pleas of Luzerne County sustaining the appeal of Frank J. Kardel, Jr., (Licensee) from DOT, which revoked Licensees operating privileges for one year for refusal to submit to a breathalyzer test pursuant to Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547.

On March 11, 1984, Appellee was arrested for driving while under the influence of alcohol. Appellee was asked to submit to a breathalyzer test and after first consenting, refused. His license was then…