If you consume alcohol and operate a motor vehicle, you run the risk of being charged with OUI. The standard of proof at trial is whether there is the consumption of enough intoxicating liquor to reduce your ability to operate a motor vehicle safely.
The amount of alcohol necessary for this varies from person to person. Alternatively, the Commonwealth may proceed to trial by alleging that an infrared breathalyzer test was consented to with a result of .08 or greater. When we say the standard of proof, this means that the Commonwealth must prove either theory of DUI beyond a reasonable doubt.
To be charged with OUI, however, there only needs to be probable cause, which is a much lower standard. The importance of the differing standards is that arrest alone triggers imminent life consequences. The probable cause determination is most often based on a police officer’s opinion of sobriety based on an interaction lasting only a few minutes. With this in mind, if you or someone you know is arrested for OUI, contact an OUI lawyer who can guide you through the process, and who has tried hundreds of cases. For more information contact an experienced OUI lawyer at [email protected] or 508.755.4659.
MA OUI LAWYER
If you drive a motor vehicle and are stopped by police after consuming alcohol, you face the potential for an OUI charge. This is based on the fact that the OUI statute punishes those whose alertness, judgment and ability to respond promptly are lessened by alcohol. You don’t have to be drunk or unconscious to face such an allegation.
Additionally, it doesn’t take much to be stopped by the police, as any civil motor vehicle infraction is sufficient for a motor vehicle stop. This includes speeding and going over the marked lanes.
As a result, if you or someone you know is charged with OUI in Massachusetts, contact a MA OUI Lawyer who will fight for you. Don’t face the Commonwealth alone.
It is important to remember that to be convicted of OUI in Massachusetts, under the operating under the influence prong of the statute, you do not have to be drunk or unconscious. It is sufficient if the Commonwealth shows operation of a motor vehicle at a time the person’s alertness, judgment, and ability to respond promptly are lessened by the consumption of alcohol.
The amount of alcohol necessary to reduce someone’s alertness and ability to respond promptly differs between individuals. Many factors also play a role in reducing ones alertness and ability to respond promptly. For instance, whether food has recently been consumed is important, as well as, the quantity and timing of the consumption of alcohol. Additionally, a person’s height and weight will also play a role in how much alcohol is necessary to reduce someone’s judgment.
As a result, if you or someone you know is charged with OUI in Massachusetts, after consuming alcohol and operating a motor vehicle, contact a MA OUI Lawyer who will fight for you. The consequences are too severe to do anything less.