If you take a breathalyzer test in Massachusetts and the result is .08 or above, this is considered a per se violation of the OUI statute. A Per Se violation means that the government does not have to show that the accused was also under the influence of alcohol. For instance, the Commonwealth is simply required to show:
- Operation of a Motor Vehicle;
- On a Public Way;
- With a Blood Alcohol Conent of .08 or above at the Time of Operation.
As a result, whenever facing an OUI charge involving a breathalyzer test, reach out to the OUI Lawyers who can challenge the breath test. Contact Attorney Shane W. Surrette at (774) 364-4605 or at [email protected] today.