Scott v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

I respectfully dissent. The Licensee received the requisite warnings that he was not entitled to an attorney prior to submitting to a blood test to determine his blood-alcohol *204level, and the explanation given by the arresting police officer to him after those warnings were made as to why he was not entitled to an attorney did not negate the Licensee’s understanding of those warnings or create confusion.

This court has determined that when a licensee is not given Miranda warnings but is arrested and asked to submit to a chemical test for blood-alcohol content, in addition to being read the…