Everhart v. Commonwealth

Opinion by

Judge Blatt,

Orrin R. Everhart (petitioner) appeals here from an order of the Montgomery County Court of Common Pleas upholding suspension of his driving privileges by the Department of Transportation (DOT) under Section 1547(b)(1) of the Motor Vehicle Code (Vehicle Code), 75 Pa. C. S. §1547(b)(l). The suspension was based on his refusal to take a breathalyzer test at the time of his arrest for operating a motor vehicle while under the influence of alcohol in violation of Section 3731(a)(1) of the Vehicle Code, 75 Pa. C. S. §3731(a)(1).

The petitioner testified that he was asked by…