Can the Dot Establish Refusal by Presenting a Printout from a Properly Calibrated Breathalyzer Indicating a Defecient Sample ?
In Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504 (Pa. Cmwlth. 1996), the Court stated:
"A refusal is supported by substantial evidence where the breathalyzer administrator testifies that the licensee did not provide sufficient breath." Pappas, 669 A.2d at 508.
The Pappas Court went on to state, "Alternatively, Department of Transportation (DOT) may establish refusal under these circumstances by presenting a printout from a properly calibrated breathalyzer indicating a 'deficient sample.'" Id.