Hospital Blood Tests in Massachusetts DUI Cases

In Massachusetts DUI cases, it is often possible for the prosecution to use medical records, including laboratory reports, against the defendant in court. For example, if a person arrested for operating under the influence is transported to the hospital, in most circumstances, he or she will have blood drawn, as part of the hospital’s standard operating procedure.

The results of this blood test, which is conducted by medical personnel for treatment purposes, can be obtained by the prosecution and used against the Massachusetts DUI defendant at his or her trial, to prove alcohol intoxication. It is, therefore, important to remember that just like the right to refuse a chemical test offered by the police, there is a right to refuse to consent to having blood taken by hospital personnel.

Those arrested for DUI and transported to a hospital for medical treatment could find themselves in the unenviable position of refusing to a blood test requested by the police, and thereby incurring an automatic chemical test refusal suspension, only to have blood alcohol evidence obtained by the hospital admitted against them at trial.

Anyone arrested for drunk driving in Massachusetts should be aware of the right to refuse having blood drawn for any purpose, whether it be for the OUI prosecution or for medical reasons. Incidentally, in Commonwealth v. Parmenter, the Massachusetts SJC will rule on the admissibility of blood evidence where the individuals who drew and tested the blood sample did not testify at trial. Instead, the prosecution relied on a lab report to prove intoxication.