An en banc panel of the Pennsylvania Commonwealth Court affirmed the trial court’s order, which sustained Licensee’s appeal of the suspension of his driving privileges. Licensee was stopped and arrested on suspicion of DUI. He was asked to submit to a blood test to determine his blood alcohol concentration. He allegedly refused, resulting in the suspension of his operating privilege under the Implied Consent Law. The question presented was whether Licensee’s lack of understanding of the English language prevented him from making a knowing and conscious refusal of a chemical blood test. The Commonwealth Court found that the evidence supported the trial court’s determination that Licensee could not comprehend English to the extent that he did not understand the consequences of refusal. Therefore, Licensee was not capable of making a knowing and conscious refusal.
