Distinguished
Distinguished by Commonwealth v. Molino, 12 Pa. D. & C.4th 666 (1990)
As there is no assertion that the resisting arrest charge was one as to which the blood-alcohol test was being sought, we consider that the DeFaveri case is inapplicable and the motion to reopen the record will be denied.
The opinion
SPAETH, President Judge,
concurring:
I concur in the order reversing the trial court’s suppression of the blood test results because I understand our holding to be that there is no right to refuse chemical testing where there is probable cause to believe that the defendant was driving under the influence of alcohol and where there was “an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed.” 75 Pa.C.S. § 1547(a)(2). I make this observation because some portions of the majority opinion may be read more broadly, e.g., the statement that the right to revoke implied consent “is directed at motorists arrested for Driving Under the Influence [and] [t]hen and only then may a driver refuse to *105 submit to chemical testing.” Majority at 102. Also, I note that the hypothetical case stated by the majority, that “[a] sober driver who falls asleep, crosses the center line and strikes another car would have no right to refuse to be tested for drug or alcohol abuse,” Majority at 102-103, raises serious constitutional questions. The constitutionality of 75 Pa.C.S. § 1547(a)(2) is not before us and I intimate no view on that issue.