Massachusetts DUI Law : Mass Lawyer & Attorney for Drunk Driving Arrests in Boston, Worcester, Framingham

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There is a substantial amount of confusion and some misconceptions regarding the level of alcohol intoxication required to be convicted of OUI in Massachusetts. Courts have ruled that a person is considered legally "under the influence," for DUI arrest and conviction purposes, if the individual's consumption of alcohol has diminished his or her ability to safely drive a car. This means that not everyone who has gotten behind the wheel after drinking is "legally intoxicated." Not every motorist with an odor of alcohol on his or her breath deserves to be arrested. Only those drivers who have ingested so much alcohol so as to reduce their ability to drive safely are legally "under the influence."
 

Conversely, a driver does not have to be falling down drunk in order to be considered under the influence of alcohol. Indeed, the line lies somewhere between completely sober and highly inebriated.In order to address this question, in 2003 the Massachusetts DUI Law was amended such that the prosecution in a Massachusetts "drunk driving" case is allowed to proceed on two theories: impairment, as discussed above, or "per se."
 

A per se OUI case is established by proving that the driver's blood alcohol content was at or above .08. Once the prosecution proves this by introduction of breathalyzer or blood alcohol readings, the judge or jury is legally required to find the DUI guilty. This is why many people decide not to take the breathalyzer. By denying the prosecution this critical piece of evidence, it makes a not guilty verdict more likely. Consequently, to encourage people to provide this key evidence, the Mass. RMV imposes breathalzyer refusal license suspensions.
 

The impairment theory requires the prosecution to prove, beyond a reasonable doubt, that alcohol diminished the driver's ability to safely operate a motor vehicle. In a Massachusetts DUI trial, the judge or jury must make this determination by applying their knowledge of alcohol intoxication to the facts of the case. Jurors are expected to decide whether alcohol diminished the driver's capacity by considering the signs and symptoms of intoxication, the driver's behavior, and the arresting police officer's opinion. In cases were evidence of intoxication is severely lacking, at the conclusion of the prosecution's case, a DUI defense attorney can make a motion for a required finding of not guilty. In other OUI cases, where there is at least some credible evidence of diminished capacity, the jury will decide whether there is sufficient evidence to warrant a DUI conviction under the diminished capacity standard.
 

It is important to remember that not everyone who gets stopped and even arrested for DUI is actually intoxicated at the level required for a conviction. There have been numerous cases of people who were arrested for drunk driving taking the breathalyzer and getting a blood alcohol reading of .05 or below. The law requires the police to immediately release these drivers from custody.

If you have been arrested for DUI in Massachusetts, contact an experienced Mass. DUI Lawyer for help.