December 23, 1988 Appeal from the Erie County Court, Dillon, J. Present — Doerr, J.P., Denman, Boomer, Pine and Davis, JJ. Judgment unanimously affirmed. Memorandum: After being arrested on a charge that he was operating his motorcycle while in an intoxicated condition, defendant was given his Miranda warnings and agreed to submit to a breathalyzer test. He was also advised that a refusal to submit to the test would result in the suspension of his driver's license and that a refusal would be used