Dep't of Transp., Bureau of Driver Licensing v. Lohner

In Dep't of Transp., Bureau of Driver Licensing v. Lohner, 155 Pa. Commw. 185, 624 A.2d 792 (Pa. Cmwlth. 1993), although the licensee provided two breath samples, "the trial court specifically found that the licensee made only one valid breath test." Id. at 794. In upholding the trial court's decision dismissing Licensee's appeal, this Court stated, "the licensee submitted to the breathalyzer twice; however, the trial court specifically found that the licensee made only one valid breath test. The trial court determined that the licensee's second sample was invalid because the breathalyzer machine printout registered a "deficient sample". The trial judge also stated that the licensee 'would not blow properly for the second test.'" Id.