Three company star Joyce DeWitt was charged with DUI in California. Like Massachusetts a person arrested for DUI in California can be charged under two theories, one known as a per se theory prohibits a driver from operating a motor vehicle with a breath alcohol reading of .08 or greater while the other prohibits a motorist from operating a motor vehicle when impaired by alcohol. Massachusetts OUI law refers to these theories like California as an impairment prong, based on field sobriety tests and officer observations and a per se prong which is based on a breathalyzer reading. In Massachusetts a breathalyzer reading taken within three hours of driving is presumed to reflect the breath alcohol reading at the time of driving unless other circumstances can show that a lesser period of time is reasonable under the circumstances.
If a person is found guilty of a Massachusetts DUI, the potential penalties are the same regardless of which theory the Government pursues. Generally, the Commonwealth proceeds under both theories if a breathalyzer test is taken by the motorist.
Attorney DelSignore is a Massachusetts OUI lawyer that represents clients throughout Massachusetts, charged with DUI/OUI. Attorney DelSignore is a DUI lawyer dedicated to defending motorists charged with DUI and will arrange for an immediate consultation and will answer your questions to help you understand the court process and potential consequences of a Massachusetts DUI charge.
