Now that the football season is under way, many people will be attending and
hosting parties. If you consume alcohol at such a party and then drive a motor vehicle, it is important to understand the law on operating under the influence of alcohol.
For example, operating under the influence is not the same as drunk driving. There is no charge in Massachusetts called drunk driving. It is sufficient for the
Commonwealth to show that an individual’s alertness, judgment and ability to
respond promptly were lessened by the consumption of alcohol. The amount necessary to do this will vary from person to person.
Additionally, the Commonwealth may also prove an OUI charge by producing evidence that the person’s blood alcohol content was .08 or greater at the time of
operation. This is typically done by presenting evidence of a breathalyzer test that is given back at the police station after the underlying arrest. You are not required to take a breathalyzer test, and such a refusal is inadmissible in the government’s case in chief. Breathalyzer test refusals, however, carry with them significantdriver’s license consequences.
As a result, if you find yourself charged for operating under the influence of
alcohol, contact an OUI Lawyer who will fight for you. The consequences are too severe to take the charges lightly.