An attorney who declined to undergo a chemical test following his arrest for allegedly driving under the influence will still lose his driver’s license for a year, even though he offered to alternatively take breathalyzer and urinalysis tests, the Commonwealth Court has ruled.
On Aug. 4, a three-judge panel of the court ruled in Nardone v. Commonwealth of Pennsylvania that attorney John D. Nardone’s actions constituted a refusal to submit to the chemical test, and therefore the Luzerne County Court of Common Pleas erred in finding the attorney was exercising his rights under Section 1547 of the Vehicle Code.
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