Kachurak v. Department of Transportation, Bureau of Driver Licensing

In Kachurak v. Department of Transportation, Bureau of Driver Licensing, 913 A.2d 982, 985 (Pa. Cmwlth. 2006), the Court stated that The law is clear that the legality of the underlying DUI arrest is of no moment in a license suspension that results from a refusal to submit to chemical testing. It is irrelevant whether the officer had probable cause for executing the traffic stop. An illegal arrest is not an impediment to a license suspension for refusing a chemical blood test (citing Department of Transportation v. Wysocki, 517 Pa. 175, 180, 535 A.2d 77, 79 (1987)). Id.