47 Pennsylvania opinions name it 8 courts 1974–2025 3 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Com., Dept. of Transp. v. O'CONNELLgreen2 sentences2022“The law has always required that the police must tell the arrestee of the consequences of a refusal to take the test so that he can make a knowing and conscious choice.” O’Connell, 555 A.2d at 877 . 2022“The law has always required that the police must tell the arrestee of the consequences of a refusal to take the test so that he can make a knowing and conscious choice.” O’Connell, 555 A.2d at 877 . | 9 | 14 |
In Re Apepal From Susupension of Operator's License of Buddgreen2 sentences2017When a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test.” Appeal of Budd, 442 A.2d 404, 406 (Pa. Cmwlth. 1982). 2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test”)(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a licensee’s f | 5 | 7 |
Everhart v. Commonwealthgreen2 sentences2025See, Everhart v. Commonwealth, . . . 420 A.2d 13 (1980); Ford v. Department of Transportation, [Director of] Bureau of Traffic Safety, . . . 406 A.2d 240 (1979). 1989See Everhart v. Commonwealth, 54 Pa. Commw. 22 , 420 A.2d 13 (1980); Ford v. Department of Transportation, Bureau of Traffic Safety, 45 Pa. Commw. 268 , 406 A.2d 240 (1979). | 3 | 3 |
Pennsylvania Department of Transportation, Bureau of Driver Licensing v. Weavergreen2 sentences2018However, while Section 1547(b)(2)(ii) then “commandfed]” that a warning about enhanced criminal penalties be given, Weaver, 912 A.2d at 264 , the purpose behind that provision is to make a licensee aware “of the consequences of a refusal to take the test so that he can make a knowing and conscious ■ choice.” Dep’t of Transp., Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873, 877 (1989); see Commonwealth v. Myers, 164 A.3d 1162 , 1171 n.12 (Pa. 2017) (plurality) (“purpose of [Section 1547(b)(2) ] 'is to entitle arrestees to the information necessary to assess the dire consequen 2018However, while Section 1547(b)(2)(ii) then “commandfed]” that a warning about enhanced criminal penalties be given, Weaver, 912 A.2d at 264 , the purpose behind that provision is to make a licensee aware “of the consequences of a refusal to take the test so that he can make a knowing and conscious ■ choice.” Dep’t of Transp., Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873, 877 (1989); see Commonwealth v. Myers, 164 A.3d 1162 , 1171 n.12 (Pa. 2017) (plurality) (“purpose of [Section 1547(b)(2) ] 'is to entitle arrestees to the information necessary to assess the dire consequen | 2 | 2 |
Pappas v. Commonwealth, Department of Transportationgreen2 sentences2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to "exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test")(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); *688 Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a license 2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test”)(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a licensee’s f | 2 | 2 |
Garlick v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2021We agree. 8 “[T]he purpose behind [the Implied Consent] provision is to make a licensee aware ‘of the consequences of a refusal to take the test so that he can make a knowing and conscious choice.’” Garlick v. Dep’t of Transp., Bureau of Driver Licensing, 176 A.3d 1030, 1036 (Pa. Cmwlth. 2018) (en banc) (quoting Dep’t of Transp., Bureau of Traffic Safety v. O’Connell, 555 A.2d 873, 877 (Pa. 1989)). 2019This Court explained that “the purpose behind [Section 1547(b)(2) was] to make a licensee aware ‘of the consequences of a refusal to take the test so that he can make a knowing and conscious choice.’” Garlick, 176 A.3d at 1036 (quoting Department of Transportation, Bureau of Traffic Safety v. O’Connell, 555 A.2d 873, 877 (Pa. 1989)). | 1 | 2 |
Commonwealth, Aplt. v. Myers, D.green2 sentences2019Once advised of the consequences, “‘anything less than an unqualified, -5- J-A27002-18 unequivocal assent constitutes a refusal[.]’” Commonwealth v. Myers, 164 A.3d 1162 , 1181 n.21 (Pa. 2017); see also Commonwealth v. Hunsinger, 549 A.2d 973, 976 (Pa.Super. 1988). 2018However, while Section 1547(b)(2)(ii) then “commandfed]” that a warning about enhanced criminal penalties be given, Weaver, 912 A.2d at 264 , the purpose behind that provision is to make a licensee aware “of the consequences of a refusal to take the test so that he can make a knowing and conscious ■ choice.” Dep’t of Transp., Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873, 877 (1989); see Commonwealth v. Myers, 164 A.3d 1162 , 1171 n.12 (Pa. 2017) (plurality) (“purpose of [Section 1547(b)(2) ] 'is to entitle arrestees to the information necessary to assess the dire consequen | 1 | 2 |
COM., DEPT. OF TRANSP. v. Beattygreen2 sentences2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test”)(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a licensee’s f 2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test”)(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a licensee’s f | 1 | 2 |
Mueller v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to "exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test")(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); *688 Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a license 2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test”)(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a licensee’s f | 1 | 2 |
Commonwealth, Department of Transportation v. Daygreen2 sentences1998Id., 500 A.2d at 215 . 1998Id., 500 A.2d at 215 . | 1 | 2 |
Commonwealth v. Hunsingergreen1 sentence2019Once advised of the consequences, “‘anything less than an unqualified, -5- J-A27002-18 unequivocal assent constitutes a refusal[.]’” Commonwealth v. Myers, 164 A.3d 1162 , 1181 n.21 (Pa. 2017); see also Commonwealth v. Hunsinger, 549 A.2d 973, 976 (Pa.Super. 1988). | 1 | 1 |
COM., DEPT. OF TRANSP. v. Fiestergreen2 sentences1992In PennDOT v. Fiester, 136 Pa. Commw. 342 , 583 A.2d 31, 32 (1990) the court stated: “The law has always required that the police must tell the arrestee of the consequences of a refusal to take the test so that he can make a knowing and conscious choice.... 1992In PennDOT v. Fiester, 136 Pa. Commw. 342 , 583 A.2d 31, 32 (1990) the court stated: “The law has always required that the police must tell the arrestee of the consequences of a refusal to take the test so that he can make a knowing and conscious choice.... | 1 | 1 |
Sheakley v. Commonwealthgreen1 sentence1989“The only warning to which the motorist is entitled under the statute prior to being asked to submit to a breathalyzer is that the motorist’s driver’s license would be automatically suspended upon a refusal to take the test. ” Id. at 333, 513 A.2d at 554. | 1 | 1 |
| Edmundson v. Commonwealthgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ford v. Commonwealth
neutral
2 sentences1983Weitzel Appeal, 41 Pa. Commonwealth Ct. 235 , 400 A.2d 646 (1979), in addition, in Ford v. Department of Transportation, Director of Bureau of Traffic Safety, 45 Pa. Commonwealth Ct. 268 , 406 A.2d 240 (1979), we rejected the argument that confusion concerning the Miranda rights and the obligation to submit to a breathalyzer test justified a refusal to take the test. 1983Weitzel Appeal, 41 Pa. Commonwealth Ct. 235 , 400 A.2d 646 (1979), in addition, in Ford v. Department of Transportation, Director of Bureau of Traffic Safety, 45 Pa. Commonwealth Ct. 268 , 406 A.2d 240 (1979), we rejected the argument that confusion concerning the Miranda rights and the obligation to submit to a breathalyzer test justified a refusal to take the test. | 4 | 1983–2025 |
King v. Commonwealth
green
2 sentences1994Com., Dept. of Transp. v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989) (citing King v. Dep’t of Transp., Bureau of Traffic Safety, 81 Pa.Cmwlth. 177 , 472 A.2d 1196 (1984)). 1994Com., Dept. of Transp. v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989) (citing King v. Dep’t of Transp., Bureau of Traffic Safety, 81 Pa.Cmwlth. 177 , 472 A.2d 1196 (1984)). | 3 | 1986–1994 |
Department of Transportation v. Gross
green
2 sentences2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test”)(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a licensee’s f 2002See Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa.Cmwlth. 1996) (stating that, where a licensee fails to “exert a total conscious effort, and thereby fails to supply a sufficient breath sample, such is tantamount to a refusal to take the test”)(quoting Appeal of Budd, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982)); Mueller v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 90 (Pa.Cmwlth.), petition for allowance of appeal denied, 542 Pa. 637 , 665 A.2d 471 (1995) (noting that we have attempted to steadfastly recognize that a licensee’s f | 2 | 1999–2002 |
Commonwealth v. Tantlinger
green
2 sentences1989The circumstances of a refusal to take a test ■which triggers the right of the commonwealth to suspend operating privileges “depends on whether the refusal was a conscious and knowing act.” Commonwealth, Bureau of Traffic Safety v. Tantlinger, 29 Pa. Commw. 536 , 371 A.2d 1037 (1977). 1989The circumstances of a refusal to take a test ■which triggers the right of the commonwealth to suspend operating privileges “depends on whether the refusal was a conscious and knowing act.” Commonwealth, Bureau of Traffic Safety v. Tantlinger, 29 Pa. Commw. 536 , 371 A.2d 1037 (1977). | 2 | 1984–1989 |
Commonwealth v. Hanes
green
2 sentences1984Department of Transportation, Bureau of Traffic Safety v. Hanes, 49 Pa. Commw. 407 , 411 A.2d 571 (1980). 1984Department of Transportation, Bureau of Traffic Safety v. Hanes, 49 Pa. Commw. 407 , 411 A.2d 571 (1980). | 2 | 1982–1984 |
Martinovic v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
1 sentence2022To the extent that Martinovic suggests that it is “inconsequential” whether a licensee understands those consequences, Martinovic, 881 A.2d at 35 , we regard this language as dicta, and conclude that it is not consistent with applicable precedent. | 1 | 2022–2022 |
McKenna v. Commonwealth
green
1 sentence2019McKenna, 72 A.3d at 300-01 . 10 Upon examination of the record, we conclude common pleas’ finding that Licensee interjected repeated questions each time Chief Tolson asked her to submit to a blood test is supported by substantial evidence. | 1 | 2019–2019 |
Commonwealth v. Jones
green
1 sentence2019If the physician cannot determine that a medical condition could have prevented the employee from providing a sufficient amount of breath, “the employee’s failure to provide an adequate amount of breath will be regarded as a refusal to take the test and subject the employee to discharge.” Id. | 1 | 2019–2019 |
Commonwealth v. Wroblewski
green
2 sentences2013In Department of Transportation, Bureau of Traffic Safety v. Wroblewski, 65 Pa.Cmwlth. 333 , 442 A.2d 407 (1982), after being arrested for DUI, the licensee insisted on waiting for his attorney before submitting to testing. 2013In Department of Transportation, Bureau of Traffic Safety v. Wroblewski, 65 Pa.Cmwlth. 333 , 442 A.2d 407 (1982), after being arrested for DUI, the licensee insisted on waiting for his attorney before submitting to testing. | 1 | 2013–2013 |
In re Appeal of Miller
green
2 sentences2003See Cunningham (licensee’s request to take the test made only five minutes after initial refusal); Appeal of Miller, 79 Pa.Cmwlth. 648 , 470 A.2d 213 (1984) (licensee’s request to take the test *5 made only fifteen to twenty minutes after two separate refusals). 8 Here, there is no question that Licensee initially refused to submit to a breath test. 2003See Cunningham (licensee’s request to take the test made only five minutes after initial refusal); Appeal of Miller, 79 Pa.Cmwlth. 648 , 470 A.2d 213 (1984) (licensee’s request to take the test *5 made only fifteen to twenty minutes after two separate refusals). 8 Here, there is no question that Licensee initially refused to submit to a breath test. | 1 | 2003–2003 |
COM., DEPT. OF TRANSP. v. Kilrain
green
2 sentences1996Lohner; Department of Transportation, Bureau of Driver Licensing v. Kilrain, 140 Pa.Cmwlth. 484 , 593 A.2d 932 (1991); Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990); Books v. Department of Transportation, Bureau of Driver Licensing, 109 Pa.Cmwlth. 25 , 530 A.2d 972 (1987); Budd Appeal, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982). 1996Lohner; Department of Transportation, Bureau of Driver Licensing v. Kilrain, 140 Pa.Cmwlth. 484 , 593 A.2d 932 (1991); Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990); Books v. Department of Transportation, Bureau of Driver Licensing, 109 Pa.Cmwlth. 25 , 530 A.2d 972 (1987); Budd Appeal, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982). | 1 | 1996–1996 |
Commonwealth v. Pestock
green
2 sentences1996Lohner; Department of Transportation, Bureau of Driver Licensing v. Kilrain, 140 Pa.Cmwlth. 484 , 593 A.2d 932 (1991); Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990); Books v. Department of Transportation, Bureau of Driver Licensing, 109 Pa.Cmwlth. 25 , 530 A.2d 972 (1987); Budd Appeal, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982). 1996Lohner; Department of Transportation, Bureau of Driver Licensing v. Kilrain, 140 Pa.Cmwlth. 484 , 593 A.2d 932 (1991); Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990); Books v. Department of Transportation, Bureau of Driver Licensing, 109 Pa.Cmwlth. 25 , 530 A.2d 972 (1987); Budd Appeal, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982). | 1 | 1996–1996 |
Books v. Commonwealth
green
2 sentences1996Lohner; Department of Transportation, Bureau of Driver Licensing v. Kilrain, 140 Pa.Cmwlth. 484 , 593 A.2d 932 (1991); Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990); Books v. Department of Transportation, Bureau of Driver Licensing, 109 Pa.Cmwlth. 25 , 530 A.2d 972 (1987); Budd Appeal, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982). 1996Lohner; Department of Transportation, Bureau of Driver Licensing v. Kilrain, 140 Pa.Cmwlth. 484 , 593 A.2d 932 (1991); Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990); Books v. Department of Transportation, Bureau of Driver Licensing, 109 Pa.Cmwlth. 25 , 530 A.2d 972 (1987); Budd Appeal, 65 Pa.Cmwlth. 314 , 442 A.2d 404 (1982). | 1 | 1996–1996 |
Commonwealth v. Iannitti
neutral
1 sentence1991Department of Transportation, Bureau of Driver Licensing v. Iannitti, 100 Pa.Commonwealth Ct. 239, 514 A.2d 954 (1986). | 1 | 1991–1991 |
Commonwealth v. O'ROURKE.
green
1 sentence1988In O’Rourke , a passage of some 30 to 40 minutes expired prior to defendant’s consenting to the breathalyzer test, wherein the court concluded that “such delay amounted to a refusal to take the test.” Commonwealth v. O’Rourke, 25 Pa. Commw 580, 361 A.2d 496 (1976). | 1 | 1988–1988 |
Maffei v. Commonwealth, Department of Transportation
green
2 sentences1987At the hearing the attorney for the commonwealth, being familiar with the decision in Commonwealth, Department of Transportation v. Maffei, 53 Pa. Commw. 182 , 416 A.2d 1167 (1980), wherein the court held that agreeing to the drawing of blood, but refusing to sign-a waiver does not constitute a refusal to take the test, acknowledged that the blood test activities at the hospital did not constitute a refusal. 1987At the hearing the attorney for the commonwealth, being familiar with the decision in Commonwealth, Department of Transportation v. Maffei, 53 Pa. Commw. 182 , 416 A.2d 1167 (1980), wherein the court held that agreeing to the drawing of blood, but refusing to sign-a waiver does not constitute a refusal to take the test, acknowledged that the blood test activities at the hospital did not constitute a refusal. | 1 | 1987–1987 |
Commonwealth v. Schauer
green
2 sentences1987Department of Transportation, Bureau of Traffic Safety v. Schauer, 77 Pa. Commonwealth Ct. 125 , 465 A.2d 101 (1983). 1987Department of Transportation, Bureau of Traffic Safety v. Schauer, 77 Pa. Commonwealth Ct. 125 , 465 A.2d 101 (1983). | 1 | 1987–1987 |
| Miele v. Commonwealth green | 1 | 1987–1987 |
| Brinkerhoff v. Bureau of Traffic Safety green | 1 | 1984–1984 |
| In Re Withdrawal of Motor Vehicle Privileges of Weitzel green | 1 | 1983–1983 |
| Bureau of Traffic Safety v. Jones green | 1 | 1980–1980 |
| Commonwealth v. Kelly green | 1 | 1980–1980 |
| Commonwealth v. Medalis green | 1 | 1980–1980 |
| Commonwealth v. Miles green | 1 | 1977–1977 |
| Commonwealth v. Quarles green | 1 | 1975–1975 |
| Commonwealth v. Wolpert green | 1 | 1975–1975 |
| Griffin v. California green | 1 | 1974–1974 |
| Malloy v. Hogan green | 1 | 1974–1974 |
| Miranda v. Arizona green | 1 | 1974–1974 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.