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

OPINION

Justice STEVENS.

This appeal implicates divergent deci-sional overlays to the statutory scheme governing chemical testing of persons suspected of DUI and related traffic offenses. Pronouncements of the Commonwealth Court have consistently construed the “Implied Consent Law” at 75 Pa.C.S. § 1547 to require a motorist to assent unequivocally to an official request to take whichever statutorily-prescribed chemical test police select on pain of automatic license suspension, whereas Superior Court construction has discerned a motorist’s compliance with the law if he responds to the official…