Last month, a state appellate court issued a written opinion in a Massachusetts drunk driving case, discussing whether a police officer can take a motorist’s blood against their will. Ultimately, the court concluded that any involuntary blood testing done at the direction of the police without the defendant’s consent is inadmissible at trial.
The Facts of the Case
According to the court’s opinion, the driver of an SUV lost control while exiting the highway, causing her vehicle to spin out of control, blocking most of the off ramp. A few moments later, the defendant’s vehicle collided with the woman’s SUV. The SUV struck the woman, who was standing along the road’s edge, seriously injuring her.
When the police arrived, they noticed that the defendant exhibited signs of intoxication, including bloodshot eyes and an unsteady gait. He also smelled of alcohol and had a gash on his head. The defendant was transported to the hospital, where a nurse noted he may have suffered a concussion.