OUI / DUI Defense
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Case Details
Supreme Judicial Court ruled that BAC test results obtained by police without defendant's consent, even with a warrant, are inadmissible if blood was initially drawn by a third party (e.g., hospital). Motion to suppress BAC results allowed.
Additional Notes
Established that defendant's consent is required for BAC evidence admissibility when test is made by or at direction of police, even if blood is first withdrawn by a third party.