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Blogs | April 22, 2015
1 minute read

COA holds that trial court cannot order MSP to retest blood alcohol

In People v. Green, No. 321823, the Michigan Court of Appeals held that the trial court did not have statutory authority to order the Michigan State Police to retest a sample of blood collected from the defendant, who is charged with operating while intoxicated causing serious injury, MCL 257.625(5). The police took a sample of blood after the defendant hit a pedestrian while operating a motorcycle. The test conducted by the Michigan State Police revealed his blood alcohol level to be .092 grams of alcohol per 100 milliliters of blood. The defendant moved to have the same vial of blood retested by the Michigan State Police, and the court granted the motion, reasoning that the challenge to the blood test was based on guidelines that had since been changed. On appeal by the prosecution, the court held that the statute allowing for independent testing of blood or urine samples taken from criminal defendants only applied to independent testing at the defendant’s expense, not retesting by the same analyst who tested the original sample.

The opinion in People v. Green was issued February 6, 2015, and approved for publication April 14, 2015.