Massachusetts General Laws

Mass. Gen. Laws ch. 263, § 5A (2026)

Driving while intoxicated; right to medical examination; notice

✓ current as of July 2026

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Section 5A. A person held in custody at a police station or other place of detention, charged with operating a motor vehicle while under the influence of intoxicating liquor, shall have the right, at his request and at his expense, to be examined immediately by a physician selected by him. The police official in charge of such station or place of detention, or his designee, shall inform him of such right immediately upon being booked, and shall afford him a reasonable opportunity to exercise it. Such person shall, immediately upon being booked, be given a copy of this section unless such a copy is posted in the police station or other place of detention in a conspicuous place to which such person has access.

Notes of Decisions

Cited in 52 cases (2 in the last 5 years), 1977–2025 · leading case: Commonwealth v. Andrade, 453 N.E.2d 415 (Mass. 1983).

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Commonwealth v. Andrade, 453 N.E.2d 415 (Mass. 1983). · cites it 24× “He claimed his right to a trial by jury in the first instance, and filed a motion to dismiss the charges pending against him on the grounds that the alleged rights afforded him under G. L. c. 263, § 5A, and G. L. c. 90, § 24 (1) (e), had been violated and that these violations…”

Commonwealth v. Marley, 486 N.E.2d 715 (Mass. 1985). · cites it 16× “He also filed a motion to dismiss the complaint, contending that the police failed to advise him in a timely fashion of his right to have an independent physical examination by a physician of his choice pursuant to G.L.c. 263, § 5A (1984 ed.). Both motions were denied.”

Commonwealth v. Hampe, 646 N.E.2d 387 (Mass. 1995). · cites it 15× “); and his right to obtain an independent blood test, G. L. c. 263, § 5A (1992 ed.). The defendant consented to a breathalyzer test.”

Commonwealth v. Alano, 448 N.E.2d 1122 (Mass. 1983). · cites it 9× “The defendant was also informed of his right to have a blood alcohol content test performed by a physician selected by him pursuant to G. L. c. 263, § 5A. He requested such an examination.”

Commonwealth v. Upton, 476 N.E.2d 548 (Mass. 1985). · cites it 2× “Recently, we indicated that a complaint against a defendant charged with operating a motor vehicle while under the influence of intoxicating liquor might appropriately be dismissed where police officers failed to inform the defendant of his statutory right (G.L.c. 263, § 5A) to…”

Commonwealth v. Priestley, 646 N.E.2d 754 (Mass. 1995). · cites it 8× “The motion was based on the assertion that the police had denied the defendant the right to be considered for bail in a timely fashion thereby preventing him from ob *679 taining an independent medical examination pursuant to G. L. c. 263, § 5A (1992 ed.). 1 The defendant now…”

Commonwealth v. Lindner, 478 N.E.2d 1267 (Mass. 1985). · cites it 8× “This appeal involves an interpretation of G. L. c. 263, § 5A (1984 ed.), a statute which requires the police to afford to an individual, charged with driving while under the influence of intoxicating liquor, “a reasonable opportunity” to be examined immediately by a physician of…”

Commonwealth v. Rosewarne, 571 N.E.2d 354 (Mass. 1991). · cites it 6× “See G. L. c. 263, § 5A (1988 ed.). 1 We transferred the case to this court on *54 our own motion.”

Commonwealth v. McIntyre, 629 N.E.2d 355 (Mass. App. Ct. 1994). · cites it 16× “The basis of both motions was a claim that the police violated G. L. c. 263, § 5A, by failing to notify the defendant of his right to an independent examination by a physician at his own expense and also by denying him a reasonable opportunity to exercise that right.”

Commonwealth v. King, 429 Mass. 169 (Mass. 1999). · cites it 7× “He moved to dismiss the charge, alleging a violation of his right to an independent medical examination under G. L. c. 263, § 5A. The motion judge granted the motion.”

Commonwealth v. Mandell, 811 N.E.2d 1045 (Mass. App. Ct. 2004). · cites it 5× “The defendant bases his claim of right to be advised of an independent medical examination when arrested for operating under the influence of drugs on G. L. c. 263, § 5A, as amended through St.”

Commonwealth v. Lopes, 944 N.E.2d 999 (Mass. 2011). · cites it 10× “We are presented with the question whether the admission in evidence of a consent form without redaction of language indicating that Lopes was notified of his right under G. L. c. 263, § 5A (§ 5A), to receive an independent medical examination was a violation of his privilege…”

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