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.