Massachusetts Supreme Judicial Court

Commonwealth v. Cappellucci

April 1, 2024

Summary

The court held that the statutory consent requirement for admission of blood-alcohol evidence applies only to prosecutions for simple OUI, not to prosecutions for OUI causing serious bodily injury. Because the defendant was charged with OUI-SBI rather than simple OUI, his blood-test results were admissible subject to ordinary evidentiary rules. The court therefore reversed the suppression order and remanded for further proceedings.