Michigan  |  Criminal Law

Legal Question

Asked on: 7/12/11, 8:11 am

A person is in a traffic accident. Taken to a hospital, released the next day. Nothing spoken about blood work. No police contact or report, statement given. 7 months later a document shows up in their mail stating they are being sited for a DUI.

What rights does this person have? If any.

2 Answers


Answered on: 7/12/11, 10:23 am by Timothy Klisz

They have all rights afforded criminal defendants in Michigan. Certainly, the facts and test results are the key here. I would reccomend consulting with a local, experienced attorney ASAP. Tim Klisz. Kliszlaw.com


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Klisz Law Office, PLLC 39111 W. Six Mile Rd. Livonia, MI 48152

Other answers from this attorney

Answered on: 7/12/11, 11:01 am by Neil O'Brien

Normally, your medical information is confidential. But most privacy / privilege / confidentiality laws are creatures of statute, and the legislature can tweak those laws. Here, there is a limited exception to the medical records privilege in drunk driving cases where there are accidents. In those cases, if the person is hospitalized and there is a blood test for alcohol/drug content done by the hospital "for medical purposes", then the State can send a letter to the hospital citing that statute and get a copy of the results for use in a prosecution. This does not apply if the police asked the hospital people to do the blood draw or testing -- it must all be done by the medical people for medical reasons. But there are also times when a hospitalized suspect might have blood drawn through a court order (search warrant), which is independent of the hospital testing. In either case, some delay may result from the testing process (likely police/search warrant testing through a police crime lab since hospital tests are done "stat"), or there was delay in police getting access to the hospital lab report because of bureaucratic delays.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Eaton County Chief Assistant Prosecuting Attorney 1045 Independence Blvd Charlotte, MI 48813

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search