Blood Testing for Mass. DUI Drug Cases

A Bill proposed in 2005 by Marie J. Parente of Milford, Massachusetts would trigger automatic license suspensions for those who refuse to submit to a blood test after being arrested for operating under the influence of drugs in Massachusetts. A first offense will result in a 120 day suspension, a 2nd offense and a refusal by someone under the age of 21 would trigger a 180 day license suspension, someone previously convicted 2 or more times who refuses to submit to the blood test would have his or her driver’s license suspended for one year.  When determining prior offenses, there is a 10 year look-back period.

This bill was undoubtedly proposed due to the difficulties associated with successfully prosecuting a DUI drugs case in Massachusetts. The prosecution of DUI alcohol cases has been made easier because of breath testing, and the “per se” law, which allows the prosecution to prove the “under the influence” element of DUI by showing that the driver’s blood alcohol content was .08 or above. No such  presumption exists in Massachusetts DUI Drug cases and the prosecution often lacks sufficient evidence to prove its case.

If enacted, House Bill 1991 would give Mass. DUI prosecutors laboratory reports which would show the presence of illegal drugs. However, because of the U.S. Supreme Court’s decision in Melendez-Diaz v. Massachusetts, the admissibility of such laboratory reports has been made more difficult. The Prosecution generally can no longer rely on a drug certification or similar scientific report without making the scientist or chemist who generated the report available for cross-examination. Solely relying on the report violates the confrontation clause of the United States Constitution.