Massachusetts DUI Booking Cases

Commonwealth v. Andrade, 389 Mass. 874 (1983)

G.L. c. 263 § 5(a)  gives those arrested for DUI in Massachusetts the right to an independent medical examination. The purpose of this examination is to allow the DUI defendant to obtain potentially exculpatory evidence to refute the prosecutions' claim of alcohol intoxication. The police must inform the defendant of these important rights immediately at booking and the police must give the person arrested a reasonable opportunity to exercise these rights. It is not enough that these rights are posted in the police booking room. The police must specifically direct the defendant's attention to the posting. Dismissal of the OUI complaint, and not merely suppression of evidence, is the appropriate remedy for a violation of G.L. c. 263 § 5(a), unless there is overwhelming evidence of the defendant's intoxicated state, such that an independent medical examination would be futile.

Commonwealth v. Gonsalves, 74 Mass. App. Ct. 910 (2009)

Troopers of the Mass. State Police arrested Ronald M. Gonsalves for DUI 4th offense. At his OUI trial, one of the arresting troopers testified that, at booking, Gonsalves stated that he “wasn't going to answer any questions until he talked to a lawyer." Gonsalves' DUI lawyer objected to the prosecutor's questions which elicited this response. The Mass. Appeals Court noted that these statements occurred after Gonsalves was handcuffed and transported to the State Police barracks for booking. "A defendant's post-arrest silence in response to police questioning may not be used against him." Whether this silence occurs at booking or otherwise is irrelevant.

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