Wilson v. Commonwealth

OPINION

BARRY, Senior Judge.

Gary Richard Wilson appeals from an order of the Court of Common Pleas of Fayette County that dismissed his appeal from the one-year suspension of his driver’s license by the Pennsylvania Department of Transportation (DOT) for refusal to submit to a breathalyzer test, as required by the implied consent law, section 1547(b) of the Vehicle Code, 75 Pa.C.S. § 1547(b). The issue presented is whether, where a person arrested for drunken driving displays confusion concerning the applicability of rights reflected by Miranda1 warnings to the request to submit to a chemical…