Summary
The Massachusetts Supreme Judicial Court addressed whether a mathematical conversion of serum/plasma ethanol results from a defendant's medical records into a blood alcohol concentration (BAC) percentage constitutes an "analysis" under G.L. c. 90, § 24(1)(e) that requires defendant consent for admissibility in an OUI prosecution. The court held that the statutory term "chemical analysis" applies only to physical testing of breath or blood samples, not to mathematical calculations performed on existing medical data. Consequently, the converted BAC evidence was deemed admissible without the defendant's consent, and the case was remanded for entry of judgment consistent with this ruling.
Topics
Practice areas
Questions Presented
- Whether a mathematical conversion of serum/plasma ethanol results from medical records constitutes a "chemical analysis" subject to the consent requirement of G.L. c. 90, §24(1)(e).
- Whether the conversion report is admissible evidence in an OUI prosecution.
Holdings
- The court held that the mathematical conversion is not an "analysis" as used in §24(1)(e) and therefore the conversion report is admissible.
Key quotations
“The consent provision of G. L. c. 90, § 24 (1) (e), does not apply to or bar the admission of a mathematical conversion of a serum/plasma ethanol result reflected in medical records to a BAC percentage.” (at 1)
“We conclude that the Serum/Plasma Conversion Report is not the result of an "analysis" as that term is used in § 24 (1) (e).” (at 1)
Factual background
An officer stopped the defendant for speeding, observed signs of intoxication, and arrested him for OUI. The defendant refused a breath test, was taken to a hospital where his blood was drawn for medical purposes, and the hospital records showed serum ethanol levels. Police obtained a search warrant for the blood samples, sent them to the State crime lab, which produced a mathematical conversion report translating serum ethanol to a BAC percentage. The trial judge excluded the converted BAC evidence, prompting the Commonwealth's appeal.
Procedural history
The trial court suppressed the blood sample and any analysis after the defendant moved to exclude evidence of his blood alcohol content. The Commonwealth sought reconsideration, was denied, and appealed to this court for extraordinary relief.
Remand instructions
Remand the case to the county court for entry of a judgment consistent with this opinion.