D. Nordland v. Bureau of Driver Licensing
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 26, 2026
Docket1656 C.D. 2024
JudgeWolf
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Darrell Nordland, :
Appellant :
:
v. : No. 1656 C.D. 2024
:
Commonwealth of Pennsylvania, :
Department of Transportation, :
Bureau of Driver Licensing : Submitted: March 3, 2026
BEFORE: HONORABLE MICHAEL H. WOJCIK, Judge
HONORABLE CHRISTINE FIZZANO CANNON, Judge
HONORABLE MATTHEW S. WOLF, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
JUDGE WOLF FILED: October 26, 2026
Darrell Nordland (Licensee) appeals from the October 31, 2024 order
of the Court of Common Pleas of Montgomery County (trial court). The trial court
denied Licensee’s appeal from the 18-month suspension of his operating privilege
under Section 1547 of the Vehicle Code, 75 Pa.C.S. § 1547, commonly referred to
as the Implied Consent Law. On appeal, Licensee challenges whether the
investigating officer had reasonable grounds to suspect that Licensee had operated
his vehicle while under the influence of a controlled substance, i.e., oxycodone,1 in
violation of Section 3802 of the Vehicle Code, 75 Pa.C.S. § 3802. Upon review of
1
Oxycodone is a Schedule II controlled substance. See Section 4(2)(i)(1) of The Controlled
Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, as amended, 35 P.S.
§ 780-104(2)(i)(1).
the record, we discern no error in the trial court’s finding that reasonable grounds
existed for Licensee’s arrest and request for chemical testing. Thus, we affirm.
I. BACKGROUND
On July 26, 2023, the Department of Transportation, Bureau of Driver
Licensing (Department) issued Licensee a notice of suspension of his operating
privileges, effective August 30, 2023, citing Licensee’s refusal to submit to chemical
testing, pursuant to Section 1547 of the Implied Consent Law, 75 Pa.C.S. § 1547, on
May 25, 2023. Reproduced Record (R.R.) at 65a. Licensee appealed the suspension
to the trial court on August 23, 2023. Id. at 1a.
The trial court held a de novo license suspension appeal hearing on
October 29, 2024. At the hearing, Officer Michael Coughlin of the Abington
Township Police Department testified. Officer Coughlin stated that he responded to
the scene of an accident involving a pickup truck and a motorcycle at Jenkintown
Road and Tennis Avenue at 5:47 p.m. on May 25, 2023, arriving “approximately ten
minute[s] after[] the call was received.” R.R. at 7a-8a. Officer Coughlin testified
that he was not the first officer to arrive on scene, but as part of the crash
investigation unit, he took over the crash investigation when he arrived. Id. at 8a.
He explained that “[t]he investigation led me to conclude that Mr. Nordland in his
black Chevrolet pickup truck had turned left - - was attempting to turn left on to
Tennis Avenue and failed to yield the right-of-way to an oncoming motorcycle.” Id.
Officer Coughlin also identified the DL-26 form that another officer, Officer Adrian
DeAngelo, read to Licensee, and testified that Licensee refused chemical testing of
his blood following the reading of the form. Id. at 9a-10a, 69a.
Officer DeAngelo, also a police officer for Abington Township,
testified second. Officer DeAngelo identified Licensee as the operator of the pickup
2
truck involved in the collision. R.R. at 13a. Officer DeAngelo explained that he
asked Licensee to submit to standardized field sobriety testing (SFST), and Licensee
agreed. Id. Officer DeAngelo testified that the SFST he performed consisted of the
Horizontal Gaze Nystagmus, nine-step walk and turn, and one-leg stand tests. Id.
Officer DeAngelo testified that he observed signs of impairment during the SFST,
and further that Licensee “did admit he takes Oxy[C]ontin once in the morning and
once at night for pain management.” Id. at 14a. Officer DeAngelo further indicated
that a portable breath test was administered to licensee, which indicated that
Licensee did not have alcohol in his system. Id. at 24a. Officer DeAngelo noted
that the portable breath test was used to determine if he was arresting Licensee for
suspicion of driving under the influence of alcohol and a controlled substance, or
just a controlled substance. Id. at 25a. Following the portable breath test, Officer
DeAngelo arrested Licensee for suspected DUI. Id. at 24a. Officer DeAngelo
subsequently went through the DL-26 form with Licensee, with Licensee initially
consenting to the blood draw. Id. at 28a-29a. The affidavit regarding Licensee’s
subsequent refusal was signed by Officer Coughlin, as the refusal occurred following
a shift change. Id. at 29a-31a, 69a.
A third Abington Township officer, Officer Andrew Stahl, testified that
he was also at the accident scene as a backup officer, and was subsequently present
at the hospital when Licensee refused to permit the completion of a blood draw. R.R.
at 34a-35a.
Licensee testified next. He testified that he complied with Officer
DeAngelo’s request to perform SFST, and informed Officer DeAngelo that he has
“bone loss in [his] hip, and [he] can’t stand on one foot like that.” R.R. at 41a. He
further testified as to the underlying medical conditions which contributed to his
3
difficulty in performing the SFST. Id. at 42a. Licensee also testified that he
informed Officer DeAngelo that he had taken a Percocet that morning. Id. at 43a.
He testified: “I refused to test, because, you know I wasn’t drunk. I wasn’t
inebriated. I wasn’t on drugs. Why should I allow them to put a needle in my arm?”
Id. at 44a.
II. ISSUES
On appeal2 to this Court, Licensee argues that Officer DeAngelo lacked
reasonable grounds to arrest Licensee on suspicion of DUI and request that he submit
to chemical testing. In support, Licensee contends that his involvement in a motor
vehicle collision, admission to prescription medication use, and SFST performance
(resulting from physical limitations) were insufficient for the trial court to find that
reasonable grounds existed for his DUI arrest and request for chemical testing.
Licensee further argues that a number of other usual signs of impairment, mainly
related to alcohol use, were not noted by Officer DeAngelo at the time of the arrest.
The Department responds that the testimony before the trial court
sufficiently established that Officer DeAngelo had reasonable grounds to arrest
Licensee on suspicion of DUI and request chemical testing. In particular, the
Department argues that the totality of the circumstances, as known to Officer
DeAngelo at the time of Licensee’s arrest, such as Licensee’s admission of Schedule
II prescription drug use, as well as the indicia of impairment exhibited by Licensee
during the SFSTs, were sufficient for the trial court to find that Officer DeAngelo
had reasonable grounds. The Department further argues that Licensee downplays
2
Our standard of review is limited to determining whether necessary findings of fact made by
the trial court are supported by competent evidence of record, whether the court committed an
error of law, or whether the court abused its discretion. Commonwealth v. Danforth, 608 A.2d
1044, 1045 (Pa. 1992).
4
the significance of these facts, while overemphasizing the lack of signs of
impairment usually indicative of alcohol use, despite that alcohol use was not the
basis for Licensee’s DUI arrest.
III. DISCUSSION
Section 1547(a) of the Vehicle Code states in relevant part:
(a) General rule.--Any person who drives, operates or is in
actual physical control of the movement of a vehicle in this
Commonwealth shall be deemed to have given consent to
one or more chemical tests of breath or blood for the
purpose of determining the alcoholic content of blood or
the presence of a controlled substance if a police officer
has reasonable grounds to believe the person to have been
driving, operating or in actual physical control of the
movement of a vehicle in violation of section 1543(b)(1.1)
(relating to driving while operating privilege is suspended
or revoked), 3802 (relating to driving under influence of
alcohol or controlled substance) or 3808(a)(2) (relating to
illegally operating a motor vehicle not equipped with
ignition interlock).
75 Pa.C.S. § 1547(a). In turn, Section 3802(d)(2) of the Vehicle Code provides:
(d) Controlled substances.--An individual may not drive,
operate or be in actual physical control of the movement
of a vehicle under any of the following circumstances:
***
(2) The individual is under the influence of a drug or
combination of drugs to a degree which impairs the
individual's ability to safely drive, operate or be in actual
physical control of the movement of the vehicle.
75 Pa.C.S. § 3802(d)(2). To sustain a suspension of a licensee’s driving privileges,
the Department must establish:
5
that the licensee: (1) was arrested for driving under the
influence by a police officer who had reasonable grounds
to believe the licensee was under the influence of alcohol
or a controlled substance; (2) was asked to submit to a
chemical test; (3) refused to do so; and (4) was warned that
the refusal would result in a license suspension.
Farnack v. Dep’t of Transp., Bureau of Driver Licensing, 29 A.3d 44, 48 (Pa.
Cmwlth. 2011). Here, Licensee maintains that the Department did not establish that
the police had reasonable grounds to request submission for a chemical blood test.
This Court reviews the question of whether an officer had reasonable
grounds on a case-by-case basis. Marone v. Dep’t of Transp., Bureau of Driver
Licensing, 990 A.2d 1187, 1190 (Pa. Cmwlth. 2010); Walkden v. Dep’t of Transp.,
Bureau of Driver Licensing, 103 A.3d 432, 437 (Pa. Cmwlth. 2014). The test in
determining whether reasonable grounds existed for an officer to believe that a
licensee operated a motor vehicle while intoxicated is not demanding and requires
less proof than that necessary to establish probable cause in the context of a criminal
prosecution. Hasson v. Dep’t of Transp., Bureau of Driver Licensing, 866 A.2d
1181, 1185-86 (Pa. Cmwlth. 2005); Helt v. Dep’t of Transp., Bureau of Driver
Licensing, 856 A.2d 263, 266 (Pa. Cmwlth. 2004). In determining whether the
Department has met its burden in showing that the officer had reasonable grounds,
“we consider the totality of the circumstances and determine, as a matter of law,
whether a person in the position of the arresting officer could have reasonably
reached this conclusion.” Helt, 856 A.2d at 266.
An officer’s belief that a licensee was operating a vehicle while
intoxicated need not be correct, and a later discovery that the officer’s belief was
erroneous does not void the existence of reasonable grounds. Hasson, 866 A.2d at
6
1185. It is further not necessary that an officer observe a licensee operating a vehicle
in order to arrest the licensee for DUI. Walkden, 103 A.3d at 437. An officer’s
reasonable belief will justify a request for chemical testing so long as “one
reasonable interpretation of the circumstances” as they appear to the officer supports
the officer’s reasonable belief that the licensee operated a motor vehicle while
intoxicated. Marnik v. Dep’t of Transp., Bureau of Driver Licensing, 145 A.3d 208,
212-13 (Pa. Cmwlth. 2016); Helt, 856 A.2d at 266. Generally, courts defer to
officers’ experience and observations when it comes to determining whether an
individual is intoxicated. See Hasson, 866 A.2d at 1186 (noting that “a police
officer may rely upon his experience and personal observations to render an opinion
as to whether a person is intoxicated”).
Turning to the instant case, Licensee informed Officer DeAngelo that
he takes Percocet3 and that he had taken it at 8 a.m. on the day of his arrest. As the
trial court opined:
The key fact here is Norland’s admission of ingesting a
controlled substance. The arresting officer is not a
pharmacist or toxicologist and is not expected to know
whether an operator is supposed to refrain from driving for
a period of time after ingestion of prescribed medications
or whether the operator took the correct amount of the
narcotic medication. From the officer’s perspective,
[Licensee] likely violated the [Vehicle Code] and caused
3
We note that Licensee testified that he takes Percocet, a name brand drug, and Officer
DeAngelo testified that Licensee stated he takes OxyContin, a different name brand drug.
Compare R.R. at 43a (Licensee’s testimony that he told Officer DeAngelo that he had taken
Percocet the morning of his arrest) and R.R. at 14a (Officer DeAngelo’s testimony that Licensee
admitted to taking OxyContin). This brand name distinction is immaterial for purposes of this
appeal, as both Percocet and OxyContin contain oxycodone, a Schedule II controlled substance.
See Drug Enforcement Administration Oxycodone Fact Sheet, September 2025, accessed at
https://www.deadiversion.usdoj.gov/drug_chem_info/oxycodone.pdf (last accessed October 6,
2026); see also supra note 1.
7
an accident, admitted taking a controlled substance earlier
that day and failed the field sobriety testing. The
combination of these circumstances establishes that
Officer DeAngelo had reasonable grounds to arrest
[Licensee] and request him to submit to chemical testing.
Rule 1925(a) Opinion at 5. We agree with the trial court’s analysis. While Licensee
attempts to downplay the significance of his statement regarding his medication and
SFST performance, we do not find that argument persuasive. Even if Licensee’s
SFST performance is attributable to physical limitations, this alternate explanation
does not discount Officer DeAngelo’s interpretation. Rather, as noted above, “we
consider the totality of the circumstances and determine, as a matter of law, whether
a person in the position of the arresting officer could have reasonably reached this
conclusion.” Helt, 856 A.2d at 266 (emphasis added). Here, the evidence is
overwhelming. Licensee exhibited multiple signs of impairment during the SFST,
admitted to prescription use of a controlled substance, and had operated his motor
vehicle in a manner that caused or contributed to a serious motor vehicle collision.
Under such circumstances, it was more than reasonable for Officer DeAngelo to
conclude that Licensee had operated his vehicle while impaired. Accordingly,
Officer DeAngelo had reasonable grounds to arrest Licensee on suspicion of DUI
and request a blood draw.
IV. CONCLUSION
For the foregoing reasons, we affirm the trial court.
_____________________________________
MATTHEW S. WOLF, Judge
8
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Darrell Nordland, :
Appellant :
:
v. : No. 1656 C.D. 2024
:
Commonwealth of Pennsylvania, :
Department of Transportation, :
Bureau of Driver Licensing :
ORDER
AND NOW, this 26th day of October 2026, the October 31, 2024 order
of the Court of Common Pleas of Montgomery County in the above-captioned matter
is AFFIRMED.
_____________________________________
MATTHEW S. WOLF, Judge