Legal Question in Criminal Law in Michigan

Re: patient doctor privacy

SHORT ANSWER: On the facts you posted, the prosecutor could properly obtain your hospital blood test result ... and the hospital was required to release it.

LONG ANSWER: Generally, blood or breath test results are admissible in Michigan OUIL cases only pursuant to our Implied Consent laws, which require the officer to request the person to submit to a breath, blood or urine sample and read the person certain rights associated with the process. If the person refuses to submit to the test requested by the officer, then the police can get a court order (generally via a search warrant) to forcibly get a blood sample for testing.

In the case of an OUIL-related crash/accident, many OUIL suspects are not in a condition to be read rights, etc. If they are taken to a hospital following a crash, most hospitals will routinely do a blood test, including a check for blood-alcohol content.

Michigan's motor vehicle code has created a limited statutory exception to the doctor-patient privilege to allow a prosecutor to gain access to the result of a blood test taken "for medical purposes" at a hospital (as opposed to a blood test performed at the officer's request) after a vehicle crash.

Check out the statutory language to MCL 257.625a (especially subsections (6) and (9)): http://www.michiganlegislature.org/law/GetObject.asp?objName=257-625a

The blood test result is admissible in court, assuming the typical foundation proofs are shown --- i.e., sample taken within a reasonable time after the driving/crash; blood sample was taken at a medical facility; person taking the sample is qualified to to so; sterilized instruments are used; sample is properly labeled and preserved; person testing sample is properly qualified; etc.