If you were taken to a hospital and not arrested, you may receive a summons in the mail. If the police gave you a citation, you have only four calendar days to request a clerk’s hearing. Follow the instructions on the back of the citation.
The chief issue becomes whether blood was taken at the hospital. If you were there overnight, it very likely was. However, all is not lost. That doesn’t mean that a district attorney will jump through all the legal hoops required to obtain that blood result. If you were in the hospital for only an hour or two, blood may not have been taken. Police are not allowed to order medical personnel to take your blood in Massachusetts.
If you were taken to a hospital and were arrested afterwards, we need to investigate whether a booking video was made. A booking video is usually an OUI defendant's best friend. Most people have sobered up considerably by the time they reach the booking calendar. However, you must move quickly and present a proper written motion to prevent that video from being destroyed.
Often a medical record can be helpful in your defense. It may show that you suffered a concussion or other injuries which may explain your appearance or inability to do field sobriety tests. It is crucial that your attorney obtain these records before the prosecutor does.
LEAVING THE SCENE
This is a criminal charge and not a traffic infraction. It carries a jail sentence of up to two years, a 60- to 70-day loss of license during which time no hardship license is possible and typically about $450 in various fines or fees.