Independent Medical Exams in Mass. DUI Cases
Massachusetts DUI Law provides an important right to those arrested for operating a motor vehicle while under the influence of intoxicating liquor, the right to an independent medical examination. The law, G.L. c. 263, § 5A, requires police to inform Massachusetts DUI defendants of this important right “immediately upon being booked” and it requires that the police give those arrested for DUI in Massachusetts a “reasonable opportunity” to exercise this right. Of course, because blood alcohol evidence is “extremely fleeting,” time is of the essence in obtaining a comparison blood test.
In order to exercise the right to an independent medical examination, which may yield exculpatory evidence, the police must notify the person arrested and provide him or her with use of a telephone. The police have no duty to affirmatively assist a DUI defendant with the exercise of his or her right to an examination, but the police cannot prevent or hinder the DUI defendant's reasonable and timely attempt to obtain such an examination.
For example, in DUI cases, the police must promptly contact a bail commissioner to arrange for the defendant’s release on bail, so that he or she can get an independent examination. The law requires that Massachusetts bail commissioners respond promptly to requests for bail hearings.
If the police fail to afford a Massachusetts DUI defendant the right to an independent medical examination, or prevent the defendant from exercising that right, it may be possible to have evidence excluded or the DUI charges dismissed.
