there is an immediate need to obtain samples of blood for testing. When blood samples have been drawn for medical purposes and the results of blood alcohol content tests are part of a patient’s medical record, the evidence will not have dissipated during the time that application for a search warrant is being made. Thus, the release of the result of Appellant’s BAC test, taken for independent medical purposes and not pursuant to Section 3755(a), to [the officer] without a warrant and in the absence of exigent circumstances, violated Article 1, Section 8 of the Pennsylvania Constitution. Accordingly, the BAC test results should have been suppressed. Id. at 624, 770 A.2d at 299 (internal citation omitted) (emphasis added). Compare Commonwealth v. Keller, 823 A.2d 1004 (Pa.Super.2003) (<HOLDING>). ¶ 12 Our legislature has defined the offense
holding that a defendants right to an independent blood alcohol test means the right to a test that is not subject to government manipulation holding where police officer specifically requested bac test be performed on defendant at hospital and defendant did not dispute police officers probable cause to believe defendant drove under influence of alcohol defendants consent to undergo blood test was implied and hospital was required to release bac results holding bac test results inadmissible due to the potential contamination of a blood sample with benadine topical agent holding police officer had probable cause to believe defendant was operating a motor vehicle under the influence of alcohol holding that probable cause was clearly present justifying the taking of a blood sample without the defendants consent when it was established that the defendant was involved in an automobile accident and the police noticed liquor on his breath at the scene of the accident and at the hospital