A proposed DUI reform in Texas would create a new offense criminalizing drivers with blood alcohol readings of below .08, ranging from .07 to .05. The article states that a hard and fast rule of .08 does not account for the reality that some drivers are impaired even if the breathalyzer reading is below .08. Texas law legislatures urge adoption of a law penalizing drivers under .08 with a criminal offense known as impaired driving.
As a Massachusetts OUI lawyer, this article was of interest because many motorists do not realize that under current Massachusetts OUI law they still can be arrested if their blood alcohol reading is .07 or .06. In those cases, the Commonwealth relies on observation testimony to demonstrate that although you did not violate the per se prong of the OUI statute, that alcohol still impaired your ability to drive. Generally, these cases make for strong defense cases. I have successfully defended numerous case with breathalyzer reading of under .08 and have always been able to get a not guilty verdict at trial or a dismissal of the Massachusetts OUI charge.
