The Massachusetts SJC heard oral arguments on November 6, 2023 regarding two OUI Serious Injury cases involving accident and blood tests. \u00a0The issue before the Court is whether the requirement that the State police obtain consent to test blood applies to both a simple OUI and a more serious OUI involving serious injury or death.<\/p>\n
In the case of Commonwealth v. Zucchino<\/em>, the defendant was indicted and had a case in Salem Superior Court involving OUI-manslaughter, OUI serious bodily injury and leaving the scene of death among other charges. \u00a0Following the accident, the defendant was taken to the hospital where his blood was drawn. \u00a0After the blood draw, the State police applied for a warrant for the blood and tested the blood at the State police laboratory. \u00a0There are two possible blood draws in this case. First was the blood draw by the hospital and second the testing of the blood by the State police.<\/p>\n It was the testing by the State police without the defendant’s consent that was the subject of the motion and SJC argument. \u00a0A similar case also argued on the same day before the SJC was\u00a0Commonwealth v. Cappellucci<\/em>. \u00a0This case was heard in the Framingham District Court and alleged OUI serious bodily injury. \u00a0The defendant was also charged with OUI-drugs serious bodily injury. \u00a0In the<\/p>\n