5th Offense OUI charge for Massachusetts man charged in the Milford District Court
A 52 year old man from Whitinsville was charged with a Fifth Offense OUI and the case will be heard in the Milford District Court. A fifth offense OUI is a felony in Massachusetts and carries with it a minimum mandatory jail sentence of two years and a lifetime license loss. Further, the Commonwealth often will seek to indict a fifth offense so that the case will be heard in superior court. A fifth offense OUI carries with it a maximum penalty of five years state prison. However, if the case remains in district court, a district court judge can only sentence a defendant to a period of incarceration for two and one half years. Accordingly, if the Commonwealth is looking for the maximum penalty, the case will have to be brought to the superior court.
According to the Worcester Telegram article, Mr. Couillard was riding a motorcycle, lost control and went off of the road and was brought to the hospital. The Commonwealth will likely attempt to subpoena the medical records in order to prove the blood alcohol percentage.
Cases involving evidence of blood alcohol level based on hospital medical records can be difficult for the Commonwealth to prove. Defense counsel will likely attempt to review the records before the Commonwealth can subpoena the records to see if they are detrimental. If the records hurt the defendant's case, the defendant can attempt to prevent the release of the records on medical privacy grounds.
If a judge orders the release of the records, the defense can challenge the introduction of the records on a number of grounds, including requiring the Commonwealth to prove the chain of custody as to who took the blood and the details of how it was drawn and whether any sterilizing agents were used.
Assuming that the Commonwealth can establish the chain of custody regarding the blood test, the Commonwealth will also have to convert the hospital blood alcohol level to fit within the requirements of Massachusetts General Laws 90 Section 24.
Massachusetts OUI case involving blood alcohol evidence from hospital records can often defensible as the Commonwealth has numerous evidentiary hurdles to surpass to get the records admitted into evidence.
