Boston Criminal Defense Lawyer Blog
Driving under the influence (OUI) cases are complex legal matters that require a thorough understanding of state laws and procedures. In Massachusetts, OUI laws are stringent, and recent judicial opinions shed light on critical aspects of these cases, particularly concerning authorities who perform blood alcohol testing without the consent of the defendant.
The Massachusetts Supreme Court recently issued an opinion on an OUI case where the defendant challenged the admissibility of blood test results used in his prosecution. According to the facts discussed in the appellate opinion, the defendant was involved in an accident that resulted in the death of one victim, and the defendant was suspected of OUI by the officer. After the accident, the defendant’s blood was drawn at the hospital as part of routine treatment. The following day, law enforcement obtained a search warrant to collect the defendant’s blood samples for a blood alcohol content (BAC) test, which revealed a significant level of alcohol in the defendant’s system.
The defendant, facing charges including operating under the influence (OUI) causing serious bodily injury and manslaughter, sought to suppress the BAC results, arguing that the test was conducted without consent. However, the court upheld the admissibility of the BAC results, citing Massachusetts General Laws Chapter 90, Section 24(1)(e).
Section 24(1)(e) stipulates that in prosecutions for OUI (as defined in Section 24(1)(a)), evidence of the defendant’s BAC at the time of the alleged offense is admissible if the test was performed with the defendant’s consent. This provision explicitly applies to cases of simple OUI, requiring consent for the admissibility of BAC results.
Despite the defendant’s argument that Section 24(1)(e) should extend to aggravated OUI offenses, including those involving serious bodily injury or manslaughter, the court maintained that the language of the statute only refers to violations of Section 24(1)(a). This decision underscores the importance of statutory interpretation and the specific application of laws in DUI cases.
The court’s ruling highlights a crucial aspect of DUI defense in Massachusetts: the admissibility of BAC results obtained without explicit consent. While individuals may assume that police require consent for blood alcohol testing, the law in Massachusetts allows for testing without consent in certain circumstances, particularly in cases involving serious offenses such as OUI causing serious bodily injury.
Understanding these nuances is vital for individuals facing DUI charges and seeking legal representation. A skilled criminal defense attorney with experience in DUI cases can navigate the complexities of the law, ensuring that defendants’ rights are protected throughout the legal process. If you or a loved one is facing criminal charges in Massachusetts, it’s important to know that prosecutors will use all the tools at their disposal to obtain a conviction. The Massachusetts criminal defense attorneys at the Law Office of Patrick J. Murphy know how to handle tough prosecutors and judges in the state, and we can help fight the charges against you. Our firm represents clients facing all Massachusetts misdemeanors and felonies, including OUI offenses. Contact our office at 617-367-0450 to schedule a free and confidential consultation with one of our lawyers.