blood alcohol content test (Massachusetts) · Go Syfert
← Massachusetts issues

blood alcohol content test in Massachusetts

5 Massachusetts opinions name it 2 courts 1983–2025 1 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Commonwealth v. McIntyregreen
massappct · 1994 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
2 sentences

2025In Commonwealth v. McIntyre, 36 Mass. App. Ct. 193, 200 (1994), a police officer failed to inform the defendant about his right to examination by an independent physician because the officer incorrectly believed "that the police were not required to allow him to have a blood alcohol content test because he had refused to take the breathalyzer test." The defendant, however, was an attorney, and requested a blood test.

2025Id.

11
Commonwealth v. Nealgreen
mass · 1984 · cited in 1 Massachusetts opinions naming this issue, 1991–1991
1 sentence

1991Rather, this case is more like Commonwealth v. Neal, 392 Mass. 1, 8 (1984), where a defendant’s statutory right to an independent blood alcohol content test satisfied the requirements of due process, even though the defendant did not avail himself of that right.

11
People v. Clairmontgreen
michctapp · 1968 · cited in 1 Massachusetts opinions naming this issue, 1985–1985
1 sentence

1985See People v. Clairmont, 13 Mich. App. 577 (1968) (no reversible error where officer volunteered that he asked defendant if he would submit to a blood test); State v. Gillis, 160 Me. 126 (1964) (no abuse of discretion in denying motion for mistrial where police officer improperly testified that he informed defendant of his “rights,” including a blood alcohol content test).

11
People v. Culpgreen
colo · 1975 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983See People v. Culp, 189 Colo. 76, 78-79 (1975); State v. Reyna, 92 Idaho 669, 674 (1968); Kettering v. Baker, 42 Ohio St. 2d 351, 354 (1975).

11
State v. Reynagreen
idaho · 1968 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983See People v. Culp, 189 Colo. 76, 78-79 (1975); State v. Reyna, 92 Idaho 669, 674 (1968); Kettering v. Baker, 42 Ohio St. 2d 351, 354 (1975).

11
City of Kettering v. Bakergreen
ohio · 1975 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983See People v. Culp, 189 Colo. 76, 78-79 (1975); State v. Reyna, 92 Idaho 669, 674 (1968); Kettering v. Baker, 42 Ohio St. 2d 351, 354 (1975).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
State v. Dumont green
vt · 1985
1 sentence

2007Contrast State v. Ladwig, 434 N.W.2d 594 (S.D. 1989) (retrograde extrapolation testimony necessary to convict defendant of per se violation); State v. Dumont, 146 Vt. 252 (1985) (in prosecution for driving while under influence of alcohol, results of a blood alcohol content test admissible only with “relation back” testimony establishing defendant’s blood alcohol content at time of actual operation).

12007–2007
State v. Ladwig green
sd · 1989
1 sentence

2007Contrast State v. Ladwig, 434 N.W.2d 594 (S.D. 1989) (retrograde extrapolation testimony necessary to convict defendant of per se violation); State v. Dumont, 146 Vt. 252 (1985) (in prosecution for driving while under influence of alcohol, results of a blood alcohol content test admissible only with “relation back” testimony establishing defendant’s blood alcohol content at time of actual operation).

12007–2007
State v. Gillis neutral
me · 1964
1 sentence

1985See People v. Clairmont, 13 Mich. App. 577 (1968) (no reversible error where officer volunteered that he asked defendant if he would submit to a blood test); State v. Gillis, 160 Me. 126 (1964) (no abuse of discretion in denying motion for mistrial where police officer improperly testified that he informed defendant of his “rights,” including a blood alcohol content test).

11985–1985
Commonwealth v. Tessier green
mass · 1977
1 sentence

1983L. c. 263, § 5A. *878 Commonwealth v. Tessier, 371 Mass. 828 (1977), and Commonwealth v. Possehl, 355 Mass. 575 (1969), relied on by the defendant, are inapposite.

11983–1983
Commonwealth v. Possehl green
mass · 1969
1 sentence

1983L. c. 263, § 5A. *878 Commonwealth v. Tessier, 371 Mass. 828 (1977), and Commonwealth v. Possehl, 355 Mass. 575 (1969), relied on by the defendant, are inapposite.

11983–1983

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 90, § 24 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 7 (1990–2015) NH 6 (1972–2019) MA 5 (1983–2025) OH 5 (2001–2019) MO 4 (1996–2017) TX 4 (1991–2017) PA 4 (1992–2020) ID 4 (1989–2014) NY 3 (1991–2001) VT 3 (1985–1986) CT 2 (1999–2011) MS 2 (1999–2001) AL 2 (1990–2005) KS 2 (2017–2019) MD 2 (1991–1997) WV 2 (1988–2022) CA 2 (1969–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check