Commonwealth v. Dwyer

Opinion by

Senior Judge Barbieri,

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Delaware County Court of Common Pleas reinstating the operating privilege of James Eugene Dwyer.

Dwyer was arrested on May 7, 1982, for violating Section 3731(a)(1) of the Vehicle Code (Code),1 (driving under the influence of alcohol), and refused to submit to a breath tost. By way of official notice dated May 21, 1982, DOT informed Dwyer that it was suspending his operating privilege for six months pursuant to Section 1547(b) of the Code.2 The effective date of the…