If you are charged with drunk driving in Massachusetts after submitting to a breathalyzer test, the Commonwealth will often proceed under two theories to try to get a conviction. The first theory is simply under the influence of alcohol, and the second is .08 or above at the time of operation. For example, the Commowealth will try to prove beyond a reasonable doubt:
- operation of a motor vehicle;
- on a public way;
- while the operator was either under the influence of alcohol, or had a blood alcohol content of .08 or above at the time of operation.
The Commonwealth can get a conviction by convincing a jury of either the under the influence or .08 or above theories, but it need not prove both. As a result, if you are facing criminal charges after submitting to a breathalyzer test, contact a drunk driving lawyer who has the experience to help you. Contact Attorney Shane W. Surrette at (774) 364-4605 or at firstname.lastname@example.org today.