Gregro v. Department of Transportation, Bureau of Driver Licensing

In Gregro v. Department of Transportation, Bureau of Driver Licensing, 987 A.2d 1264, 1267 (Pa. Cmwlth. 2010), the licensee argued that he complied with Section 1547 of the Vehicle Code because he submitted to a PBT even though he later refused to submit to a blood test. Id., 987 A.2d at 1266-67. The Court rejected that argument based on Section 1547(k) of the Vehicle Code, which provides that police officers with reasonable suspicion to believe that a person is driving or in control of a vehicle while under the influence of alcohol may require the licensee, prior to arrest, to submit to a PBT for the sole purpose of determining whether the person should be placed under arrest, but that the refusal to submit to the PBT is not considered a refusal for the purpose of Section 1547(b) (relating to suspension for refusal to submit to chemical testing). Id. at 1267.