Massachusetts Appeals Court May 23, 1995, No. 94-P-1468 (Commonwealth v. Madigan)

The defendant was found guilty of operating a motor vehicle while under the influence of intoxicating liquor on June 16, 1993. As directed by G. L. c. 90, § 24(1) (e), in cases where no blood-alcohol test results have been put in evidence, the judge instructed the jury of the procedures the police must follow, in offering the defendant a breathalyzer test and the opportunity for a blood test.