19 Pa. Commw. 22 | Pa. Commw. Ct. | 1975
Opinion by
This is an appeal by Francis J. Boyle (appellant) from an order of the Court of Common Pleas of Delaware County upholding the suspension of his motor vehicle operator’s license by the Department of Transportation, Bureau of Traffic Safety (Bureau).
On August 5, 1973 a Radnor Township police officer arrested the appellant for driving while under the influence of liquor or drugs. He was advised of his right to remain silent under Miranda v. State of Arizona, 384 U.S. 436 (1966), then taken to the police station and requested to submit to a breathalyzer test under Section 624.1 of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. §624.1.
We have previously held that in order to sustain a license suspension under Section 624.1 of The Vehicle
The appellant further suggests that the suspension should be overturned because the Commonwealth did not prove that the breathalyzer test would have been admin
The Opinion and Order of the Court of Common Pleas of Delaware County is affirmed.
. Section 624.1 provides in pertinent part: “(a) Any person who operates a motor vehicle or tractor in this Commonwealth, shall be deemed to have given his consent to a chemical test of his breath, for the purpose of determining the alcoholic content of his blood: Provided, That the test is administered by qualified personnel and with equipment approved by the secretary at the direction of a police officer having reasonable grounds to believe the person to have been driving while under the influence of intoxicating liquor .... If any person is placed under arrest and charged with the operation of a motor vehicle or tractor while under the influence of intoxicating liquor and is thereafter requested to submit to a chemical test and refuses to do so, the test shall not be given but the secretary may suspend his license or permit to operate a motor vehicle or tractor with or without a hearing. . . .” (Emphasis added.)