When a person is arrested for operating under the influence of alcohol (OUI), police may ask them if they will agree to a breath or blood test. These tests are used to determine if a person has consumed enough alcohol to be above the legal limit for safe driving. When a person refuses, their driver’s license is automatically suspended for at least six months.
After analyzing the OUI law, the Court determined that a defendant’s consent is required for blood test evidence to be allowed into evidence. It did not matter if the blood draw was done by the hospital or the police.
Whether a person consents or refuses, prosecutors and police must follow very specific legal rules on how they may use evidence of impaired driving against a person. This summer, the highest court in Massachusetts announced a new rule on what happens when a person does not consent to have their blood drawn but police test their blood anyway.
How do police get blood test results?
Police typically get blood test results in one of these two ways:
- Police request that a hospital perform a blood test. This usually happens when a person is transported at the scene of a car crash to the hospital.
- Blood is taken at the hospital for medical purposes and police request information about how the blood was analyzed during treatment.
The reason it does is because of how their preservation of evidence letter was worded. This letter directed police to preserve any blood that might be drawn for medical treatment.
After analyzing the OUI law, the Court determined that a defendant’s consent is required for blood test evidence to be allowed into evidence. It did not matter if the blood draw was done by the hospital or the police.
Before this case, it was not entirely clear when police needed consent and what role the hospital played. Because of this decision, the law is easier to understand.
A skilled criminal defense attorney will keep up with legal developments as they come so they can give their clients advice that helps them achieve success in their case.
How else can a blood draw be challenged?
It is important to remember that the Moreau case only focuses on one possible way a blood draw might be challenged. There are others. These include:
- Challenging the scientific method used to test the blood
- Challenging how the government obtained any confidential medical records
- Challenging a government expert witness
Additionally, OUI cases often involve other issues about how evidence was collected, like through field sobriety tests or breath tests. Those can be challenged too. All in all, an effective criminal defense attorney will not only select one workable criminal defense but all that are valid and smart.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH AN OUI, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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