The Alger County Prosecuting Attorney requested an opinion from the Attorney General as to whether, under subsection (6)(e) of section 625a of the Michigan Vehicle Code, MCL 257.625a(6)(e), an actual criminal prosecution must be pending before a prosecutor may obtained the results of blood alcohol tests taken by a medical facility in the course of providing medical treatment to a driver involved in a motor vehicle accident.

MCL 257.625a(6)(e) addresses how various chemical tests taken in connection with providing medical treatment to one involved in a motor vehicle accident may be used:

(6) The following provisions apply with respect to chemical tests and analysis of a person's blood, urine, or breath, other than preliminary chemical breath analysis:
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(e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceedings to show the amount of alcohol or presence of a controlled substance or both in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure. [Emphasis added.]

The Attorney General opined that “under subsection (6)(e) of section 625a of the Michigan Vehicle Code, MCL 257.625a(6)(e), an actual criminal prosecution need not be pending before a prosecutor may obtain the results of blood alcohol tests taken by a medical facility in the course of providing medical treatment to a driver involved in a motor vehicle accident.”