If you have been arrested for Operating Under the Influence of Alcohol or Drugs in Massachusetts, it is important to understand Massachusetts General Laws Chapter 263 Section 5A, and how it could apply to you.
M.G.L. 263 § 5A gives a person who has been suspected of operating while under the influence the right to seek an independent medical examination. The reason for this is that the legislature and courts have determined that when the crux of an accusation that involves what substances are in the accused body, then that person should have the right to seek medical assistance to defend themselves.
While the police must inform you of these rights, they don’t need to actively assist you in being able to exercise these rights, they just need to “afford [you] a reasonable opportunity to exercise” your rights. Because of this, motions involving 5A rights usually come down to what was reasonable.
Although the police don’t have to drive you to the hospital, or allow you to call doctors while at the station, they can’t actively stand in your way from getting to the doctor. The reason for this, is that every moment you are not at the doctor more evidence is lost by your body processing any alcohol or drugs in your system. What this means is that they must book you in a reasonable time, and call the local clerk to allow you to post bail as soon as possible.
If the police did not book you in a reasonable time, or if the clerk did not arrive at the station to allow you to post bail in a reasonable time, then an experienced attorney would be able to file a motion to dismiss your case.
If you believe that your 5A rights have been violated, call DeGiacomo & Mikhlin, P.C. today.