Court Clears Officer Accused of Massachusetts DUI/OUI

Cop argued blood test should not be taken by force in Mass drunk driving trial.

A Massachusetts District Court dismissed charges of driving under the influence in Massachusetts against a police officer, stating that a blood sample was taken without his consent.

Northborough Police Officer James F. Scesny was injured in an accident in May 2007 where he struck a telephone pole with his pickup truck around 2:00 am. Officers from the Clinton Police Department on the scene reported that Scesny smelled of alcohol and slurred his words. Scesny, 38, was taken a local hospital for treatment, where staff drew a blood sample. When testing for blood alcohol content was mentioned, he indicated that he wanted to consider the action and consult with an criminal defense attorney. The sample was not only taken, it was tested for alcohol revealing a BAC more than twice the legal limit for being charged with OUI in Massachusetts.

During his trial for Massachusetts OUI/DUI, Scesny’s DUI lawyer argued that his client did not voluntarily consent to a blood test. In addition, federal medical privacy laws prohibited disclosure of the result of any testing. The District Court judge agreed and barred introduction of the blood test results as evidence. Then citing insufficient evidence to sustain a conviction for drunk driving in Massachusetts, the judge dismissed the DUI charge against Scesny.

Scesny had paid a fine for negligent driving and he hopes to be able to return to the Northborough police force soon.

The issue of taking blood samples in cases involving suspicion of drinking and driving has been addressed in several ways across the United States. Texas has authorized the drawing of blood by force if driving while intoxicated is alleged. A New Jersey appellate court ruling permits taking blood by extreme force. A Minnesota court has ruled that a judicial warrant is required before testing blood for alcohol.

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