If you are arrested for suspicion of drunk driving in Massachusetts, you will likely be afforded the opportunity to submit to a breath test. If you elect to take a breath test, the Commonwealth may proceed solely on a per se theory. This means that the Commonwealth only needs to prove:
- Operation of a Motor Vehicle;
- On a Public Way;
- With a Blood Alcohol Content of .08 or Above at the Time of Operation.
This means that if operation and public way have been established, a breathalyzer test ticket result of .08 or above will allow for a prima facie case of violation of the per se component of the statute. With the stakes so high, contact an attorney who has prosecuted and defended drunk driving cases. Contact Drunk Driving Attorney Shane W. Surrette at (774) 364-4605 or at [email protected] today.