Submitted by JeremyD on Thu, 04/30/2009 - 11:49
My friends was pulled over a month ago after having, he claims, only one drink. Is it really possible under MA law to be convicted of driving under the influence after only one drink?
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Editor's Response
Yes, it is possible. Assuming the prosecutor can prove that the driver was operating a vehicle on a public way (the first element of the offense under Massachusetts criminal law) then she can prove her case for operating under the influence in one of two ways. If the drivers blood alcohol content (BAC) was .08% or higher, that reading is considered "per se" evidence of operating under the influence (OUI). However, the prosecutor can also gain a conviction by using evidence collected by the police to show, beyond a reasonable doubt, that the driver's operation of the vehicle was impaired by the alcohol (or drugs) he consumed. That evidence might include, among other things, a field sobriety test, a blood or breath test showing alcohol in the system, the way the driver was operating the vehicle (swerving, driving very slow, etc.), or the appearance and behavior of the driver at the time he was stopped. Bottom line: Different people are effected in different ways by alcohol, and you can be found guilty of OUI even after just one drink. Please tell your friends about The Forum.