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When Can I Be Found Guilty?

In Massachusetts, the prosecutor must prove 3 elements to the charge of Operating Under the Influence of Alcohol.
  1. That you are operating a vehicle
  2. That you operated that vehicle on a public way
  3. That you operated that vehicle on a public way while you were under the influence of alcohol.

A public way is any road or way which is typically maintained by a Public Works Department or Highway Department and to which the public has right of access to operate their vehicle. Parking lots and private ways to which the public has access as an invitee are also characterized as public ways for the purposes of the OUI charge. It is not necessary that you be operating behind the wheel of your car and actually driving for the prosecutor to prove that you are operating your vehicle. Sitting in the driver's seat parked with the engine running is sufficient to satisfy this element. Additionally, parking your car at the side of the road and turning the vehicle off but leaving the keys in the ignition is sufficient to prove the element of operation. The element of this charge that is typically in contest is whether an operator has consumed an amount of alcohol sufficient to impair his or her ability to operate their vehicle safely. It is not the prosecutor's burden to prove that the operator is drunk or that the operator was driving his car in an erratic fashion. All that is required of the prosecutor is that he prove that the operator has consumed some alcohol and the consumption has diminished the person's ability to operate a vehicle safely.

Other Massachusetts Drunk Driving Defense FAQs

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