Mobile Icons

Text DelSignore Law at 781-686-5924 with your name and what kind of charge you are texting regarding.

Blood Testing In Massachusetts DUI Accidents

OUI arrests involving blood tests can involve either a hospital blood test or a police ordered blood draw. Either type of blood test can be challenged in court.

As with breath testing, do not assume that because there are blood test records that your case cannot be won at trial. The defenses to these cases can be more technical and scientific.


In many Massachusetts DUI arrests involving car accidents, the motorist will go to the hospital for treatment for injuries. The hospital will typically take the defendant’s blood and claim it is part of routine medical treatment. In most cases, the Commonwealth will seek a court order for production of the medical records in order to demonstrate your blood alcohol level.

There are several ways to prevent these records from coming into evidence. First, an objection can be made that the records are not relevant and that the Commonwealth should not be allowed access to your records as there is no probable cause to believe you were under the influence of alcohol. Second. an argument can be made to exclude the records from evidence based on a number of factors, including chain of custody, lack of your consent to the blood draw, and the fact that the blood was not drawn for medical purposes. These legal issues about whether the Blood results should be known by the jury will be part of motions heard prior to trial.

Blood alcohol evidence can be difficult for the Commonwealth to admit into evidence. Even if the Commonwealth obtains your medical records, the Sixth Amendment right of confrontation requires that the Commonwealth have hospital personnel available to testify who took your blood and requires that the Commonwealth have witnesses available to discuss how your blood was analyzed to determine your blood alcohol content.

blood testing machine blood testing machine

Attorney DelSignore recently attended a seminar in Texas where he learned about blood testing in OUI cases and was able to explore the lab at the University of Texas at Alrington.


In addition to satisfying the evidentiary requirements to admit blood alcohol test results into evidence, the Commonwealth is required to convert the reading taken at the hospital to a blood alcohol content. The hospital blood test is the serum portion of the blood. An individual’s serum blood alcohol level is higher than their actual blood alcohol content and requires that the reading be converted. The Office of Alcohol Testing has a chart that claims to make an accurate conversion of the blood alcohol reading at the hospital to a person’s actual blood alcohol level.


A hospital blood draw, while it may be admitted into court, is not a forensic test. The blood kit for the hospital specifically states that the results should not be used for forensic purposes. The most accurate way to test blood is through gas chromatography. This type of testing is not commonly used in Massachusetts unless there is a serious accident.

blood testing machine

Attorney DelSignore explored the lab at the University of Texas, and spent time learning about Pharmacology, Pharmacokinetics and Pharmacodynamics. The lab visit was part of a seminar attended by Attorney DelSignore, in an effort to learn more about blood test results in OUI cases and how best to fight these cases in court.


The scientific accuracy and reliability of this chart can be challenged by a Massachusetts OUI lawyer. Accordingly, if you are charged with DUI in Massachusetts and the Commonwealth is relying on hospital blood test results, you have numerous defenses to the admission of the test results coming into evidence that require the services of an experienced DUI lawyer.

If you were taken to the hospital, you may face an immediate threat suspension from the RMV, understand how to get your license back if this notice is sent by visiting Immediate Threat License Suspension in Massachusetts: How do I appeal the suspension?

Contact Attorney DelSignore directly at 781-686-5924 to set up a FREE NO-OBLIGATION consultation or to get answers to your questions about an OUI with blood test results.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire