Independent Blood and Urine Testing in Dedham OUI Cases
You are entitled to independent blood and urine testing in Dedham OUI cases after an arrest for operating a vehicle under the influence. For independent tests to be done, the defendant needs to choose a facility as soon as possible.
Anytime that the individual and attorney have reason to believe that the breath test is inaccurate for either medical reasons or the machine itself, then a skilled defense attorney might request an independent blood test.Treatment of a License Following a Blood Test
A person is not compelled in Massachusetts to take a blood test, so there is no penalty for refusing to take a blood test in an OUI case. There is a penalty for refusing a breath test. Massachusetts is an implied consent law state. This means, drivers consent to take a breath test when they drive their motor vehicle on the roads in Massachusetts. A breath test refusal results in a longer license suspension. If a person fails the test, there is a suspension as well; but it is a shorter suspension. The additional time is the penalty for refusing to take the breath test.Defining the Role of Implied Consent
A driver on the road impliedly consents to take a breath test when they drive on Massachusetts roads. That means that when someone drives on a Massachusetts road, it is presumed that they will submit to a breath test. Of course, they have the right to not take independent blood and urine testing in Dedham OUI cases. If they do that, the penalty is a longer license suspension.
Making a successful argument against implied consent is an uphill battle. It is a tough argument because the implied consent is for safety reasons. The court believes that driving can be dangerous and is not a right; it is a privilege. When a person uses that privilege, they must consent to take a breath test and not drink while driving.Reasons for Refusing a Breath Test
One justifiable reason to refuse a breath test is when a person has an ongoing medical issue. They physically cannot take the breath test. An example of a medical issue is chronic obstructive pulmonary disorder or COPD. A person with COPD does not have the lung capacity to submit a full breath sample. That happens sometimes with people who suffer from asthma.Likelihood of Enrolling in an OUI Alcohol Education Course
The first time a person refuses a breath test, they are noted in the system as a refusal and they receive a license suspension. Massachusetts does not require a person to enroll in a program based upon a refusal alone. That is not a requirement until they are convicted of an OUI or if they accept a plea on an OUI.Can Testing Results be Used as Evidence
Depending on the time frame, the blood tests would need to be taken within a close proximity to when the breath test was taken. As long as they are provided to both parties and were taken by a qualified medical professional, a lawyer could make the argument that they should be admissible as their exculpatory evidence for a person.Likelihood of Using the Data Analyzer as an Expert Witness
It could be critical to speak with a lawyer about the potential benefits of independent blood and urine testing in Dedham OUI cases.If there is an issue that an expert would be able to come in and call into question the result of the breath test, an attorney could request that whoever the drew the blood testify as an expert as to the difference between those two results.
An attorney may collect photographs of the scene and any medical records that might show that they had a preexisting condition that would affect balance or cognitive function.
They would also want to speak with any witnesses, if there are any. They might want to look into any surveillance cameras from the area depending on where the person was stopped. Attorneys might request any booking photos or booking video that the police department might have.