Commonwealth v. Hanes

Opinion by

Judge Wilkinson, Jr.,

The Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Elk County reversing the Department’s suspension of the motor vehicle operator’s license of appellee pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C.S. §1547(b), for refusing to submit to a breathalyzer test.

*409This Court has frequently enunciated the rule that in order to sustain a suspension for refusal to submit to a chemical test of breath or blood, the Department must prove that a driver was placed under arrest upon the charge of driving while…