A police officer who makes an arrest for OUI in Massachusetts, may testify that the person was under the influence of alcohol. The police offiicer may not testify, however, that the arrestee’s:
- impairment; or
- rendered her unable to operate a motor vehicle.
An opinion by a police officer in an OUI trial on the ultimate issue of guilt or innocence is inadmissible. See Commonwealth v. Gallagher, 16-P-192 (2017). If you or someone you know is charged with OUI, contact the OUI Lawyer who can assist you today. Contact OUI Lawyer Shane W. Surrette at (774) 364-4605 or at [email protected] today.