To proceed on an under the influence of alcohol theory in Massachusetts, the Commonwealth must show that the defendant operated a motor vehicle, on a public way, while under the influence of intoxicating liquor. The question that often arises is, what evidence has been shown that the person has consumed enough liquor to impair his or her ability to drive safely? Sufficient evidence was found in the case of Commonwealth v. Rarick, 87 Mass. App. Ct. 349 (2015) where it was shown that:
- The defendant consumed six beers in the hours before he was stopped;
- There was a moderate odor of an alcoholic beverage emanating from the defendant when stopped;
- The defendant had red, glassy eyes; &
- There was evidence of speeding.
OUI cases are very fact intensive, and as a result it is important to retain a DUI Massachusetts Attorney who can review the facts of your case with you. Cotact DUI Massachusetts Attorney Shane W. Surrette at (774) 364-4605 or at [email protected] today.