In Livonia DUI cases where blood is drawn, the police officer must collect two samples and send both to the lab. One is tested and one is put off to the side for the defendant to test the sample if they so choose. If this sample is not requested, the MSP lab will destory it. There's been cases where defendants have requested the sample at some point and were told it was destroyed.
The Michigan Court of Appeals has ruled that the MSP lab can destroy the sample as long as they give the defendant ample time to request the sample for testing. A court is allowed to deny a defendant's motion to suppress based upon destruction of the blood sample. Most of the time, the results are kept for at least 30 days - as long as the defense requests that the lab preserve the sample, it should not be destroyed - if it even after a formal request then a motion might be more winnable.
The Michigan Court of Appeals has ruled that the MSP lab can destroy the sample as long as they give the defendant ample time to request the sample for testing. A court is allowed to deny a defendant's motion to suppress based upon destruction of the blood sample. Most of the time, the results are kept for at least 30 days - as long as the defense requests that the lab preserve the sample, it should not be destroyed - if it even after a formal request then a motion might be more winnable.
