In Massachusetts you can be arrested for OUI even if you are under the legal limit and register a .07 or .06 on the breathalyzer test. If you score a .05 or below, Massachusetts OUI law does not allow for the police to charge you if you are over 21 and not driving a commercial vehicle.
The arrest of Senator Kerry daughter, Alexandra Kerry underscores that police can charge you with DUI even if you are below the legal limit. Of course, any case with a breathalyzer reading under the legal limit will be a difficult case for the Government.
If a breathalyzer test result is below the legal limit, the Government will try to argue that the alcohol still impaired your ability to drive. This would require evidence of erratic operation, lack of balance and coordination, lack of mental abilities, unusual actions of the motorist, or lack of self control at booking or at the scene. In Alexandra's case, it appears as though there is no evidence of erratic driving as she was stopped for a registration issue.
While it is frustrating to be charged with a Massachusetts DUI if you are below the legal limit, these cases generally should be taken to trial as often they are handled by way of a jury waived bench trial as few judges would find that the Commonwealth can prove its case beyond a reasonable doubt when the Government's own prized piece of evidence, the breathalyzer, is in the corner of the defendant.
Attorney DelSignore handles Massachusetts OUI cases throughout Massachusetts and will gladly discuss your OUI charge at a free consultation. Attorney DelSignore is available for an immediate appointment, nights, evenings and weekends. Call now, 508-455-4755 or by email.
