The Alger County Prosecuting Attorney requested an opinion from the Attorney General as to whether, under subsection 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driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceedings to show the amount of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.”

Attorney General Opinion 7237, released November 10, 2009.