Boston Criminal Defense Lawyer Blog
If you are charged with a third-offense OUI in Massachusetts, you may believe that refusing a breath test protects you from chemical evidence at trial. However, a recent case confirmed that prosecutors can still introduce blood alcohol content (BAC) calculations based on hospital records. Even without your permission, hospital blood work collected during medical care may lead to a conviction.
In this case, police stopped a driver who showed signs of intoxication. He refused a breath test at the station and was later taken to a hospital for treatment. Medical professionals drew his blood for clinical reasons, not for law enforcement. Police later obtained a warrant for the samples and sent them to a crime lab. A judge suppressed those results, but prosecutors still moved forward using records from the hospital and a scientific conversion to estimate his BAC. The state’s highest court ruled that this converted evidence could be used.
Prosecutors’ Use of Medical Data After Test Refusals
Police charged the accused with operating under the influence, third offense, resisting arrest, and civil violations. After observing behavior consistent with alcohol use, officers brought him to the station. He refused a breath test. At the hospital, staff drew blood as part of routine care.
Police obtained a warrant to seize those samples and submitted them for analysis. A trial court ruled that both the physical blood sample and the police lab results were inadmissible, since the accused never consented. Prosecutors then obtained medical records and had a forensic scientist convert ethanol concentration into a BAC percentage. The defense argued that this new calculation still stemmed from suppressed evidence.
The court disagreed. It held that the converted BAC percentage was not a “chemical analysis” under Massachusetts law. The conversion was based on medical data, not a police-administered test. The lower court’s decision to exclude the evidence was reversed.
Refusing a Test Does Not Always Protect You
Massachusetts law protects drivers from warrantless chemical testing. However, the law only limits tests conducted by or at the direction of law enforcement. If you are treated in a hospital and your blood is drawn for medical reasons, prosecutors may later access that data.
Even without your consent, the Commonwealth may use formulas to convert serum or plasma ethanol levels into whole blood BAC. This estimate, presented by a forensic expert, can be introduced in court even if the original sample cannot be used. For many accused individuals, this ruling comes as an unwelcome surprise.
How Prosecutors Use Hospital Records After a Refusal
When you refuse a breath or blood test, police often turn to alternative sources for evidence. One common approach involves requesting your hospital records, which may contain serum ethanol levels collected during treatment. A forensic scientist can then convert those medical readings into a blood alcohol content (BAC) estimate using standard scientific formulas. Prosecutors may present this calculated BAC in court to argue that you were impaired at the time of the incident. Although the process may appear indirect, Massachusetts courts have permitted it. Your consent is not required for experts to interpret medical test results, provided the records were obtained legally.
What You Can Do If Charged with an OUI After Hospitalization
If you were taken to a hospital during or after your arrest, assume that prosecutors will try to use your medical records. Even if they cannot admit the blood itself, they may still calculate a number that appears damaging to your case. You must act quickly to protect your rights.
A skilled OUI defense attorney can examine how the state obtained your records, question the reliability of the conversion process, and challenge the admissibility of any conclusions drawn from suppressed evidence. Every detail matters when you are facing the possibility of mandatory jail time, lengthy license suspensions, and serious fines.
Protect Your Future with Legal Help You Can Trust
If you have been accused of operating under the influence, especially a third offense, you need serious representation right away. Do not assume that refusing a test ends the matter. Prosecutors may still use hospital records and expert testimony to try to convict you.
The Law Office of Patrick J. Murphy knows how to take these cases apart. Attorney Murphy has spent years fighting for the accused and understands how to expose weak points in the state’s case. Call (617) 367-0450 today to schedule your consultation and take the first step toward protecting your future.