officer with reasonable grounds to believe a motorist has operated a vehicle under the influence of alcohol may request a blood sample for testing purposes. 75 Pa. C.S.A. § 1547(a). If the motorist refuses, testing will not be conducted and the motorist’s license will be suspended for one year. 75 Pa.C.S.A. § 1547(b). Section 3755(a) requires emergency room personnel to draw blood and forward it to an approved lab for testing when (1) a driver involved in an accident needs hospitalization and, (2) there is probable cause to believe that the operator was under the influence of alcohol. 75 Pa.C.S.A. § 3755. The Commonwealth and the trial court do not posit that the facts of the instant case dictate a Section 1547(a) analysis. See Commonwealth v. Shaffer, 714 A.2d 1035 (Pa.Super.1998) (<HOLDING>). However, both believe that the second Indiana
holding blood testing for alcohol content a search holding a minnesota statute that required police to advise drivers that they were not permitted to consult with an attorney prior to deciding whether to submit to or refuse blood alcohol content testing and one that imposed criminal penalties on individuals who refused to submit to blood alcohol testing within five years of a prior drivers license revocation unconstitutional as applied holding pcra counsel was not ineffective for declining to pursue postconviction dna testing where technology for testing existed at time of trial verdict came after january 1 1995 and court had not refused request for funds for testing consequently appellant could not have met his threshold burden under section 95431a2 holding search of blood alcohol tests not permitted under section 1547 where suspect under arrest and police did not request testing holding that blood tests do not infringe significant privacy interests