PennDot v. Boyer

Defendant appeals from a suspension of his driver’s license for refusal to take a breath test after arrest for driving under the influence of alcohol.

The pertinent facts may be summarized briefly.

Officer Hutzell, of the Berlin Borough police force, observed appellant driving erratically, pursued and stopped the vehicle. Upon confronting the appellant, the officer smelled a strong odor of alcohol, noticed that appellant’s speech was slurred, and that his eyes were bloodshot and glassy. After failing field sobriety tests, appellant was arrested for driving under the influence of alcohol.

The…