One of the most common questions we get from our clients who have been arrested for a Massachusetts OUI offense is whether the police officers were allowed to take their blood without a warrant. The determination as to whether a police officer can take a motorist’s blood when they are under suspicion of driving while intoxicated is complex, and has recently been the focus of several U.S. Supreme Court decisions. Recently, a Massachusetts appellate court had occasion to weigh in on the issue in an operating under the influence (OUI) case involving a warrantless blood draw.
The facts of the case can be briefly summarized. The defendant was involved in a car accident. When police arrived, they noticed he smelled of alcohol and that there were several open containers of alcohol in the car. After being Mirandized, the defendant told police that he had been drinking and was “guilty.” Police transported the defendant to the hospital, where the officers read the defendant a pre-written statement indicating that they intended to take a “chemical test” to determine the defendant’s blood-alcohol content. Nothing was mentioned of a blood draw. The test revealed that there was alcohol in the defendant’s blood, and he was charged with OUI.
The defendant argued that the officers’ warrantless blood draw was taken in violation of his constitutional rights because he never explicitly consented to a blood draw. Consent is an exception to the warrant requirement, so when a defendant consents to a blood draw, there is no need for a warrant. However, the question as to whether a defendant’s consent is valid is complex.