Pennsylvania Court of Common Pleas, Erie County March 6, 1986, no. 3594-A-1985 (Commonwealth v. Halmi)

LEVIN, J.,

In essence, the sole issue before the court on this appeal from the order of suspension of motor vehicle operating privileges is whether appellant was under such an arrest that would allow a suspension of license based on his failure to take a breathalyzer test. There is no question the driver/appellant was under arrest when he *538was asked to take the breathalyzer test.