Overview of OUI / DUI in Massachusetts

DUI is an unusual charge in that it's the closest that many people without criminal records get to the justice system. It's a quick moving process, and if you aren't careful it's easy to see how the Justice system can steamroll people. This process can have long last implications, not just in terms of the immediate penalty but as entries on your driving record and criminal record (see more below).

Elements Of and OUI / DUI Case in Massachusetts

There are three elements to an OUI case in Massachusetts. There are issues that must be proven by the prosecution in order to succeed at trial:
1. Operation of a Motor Vehicle - The issue of Operation is very broadly defined in the Commonwealth. Basically it happens as soon as you turn the key and electricity starts flowing throughout the car. This could be for the purposes of light or heat, but that single action is sufficient to satisfy the element of operation. The car does not have to be moving, nor does it have to be "on" in the traditional sense of burning gasoline. Motor Vehicle includes any vehicle with a motor of more than 50 cubic centimeters.
2. That Operation Occurred on a Public Way - This is likely the easiest element for the prosecution to prove. Like Operation, 'public way' is defined broadly. It obviously includes all streets and highways, but also includes private driveways and parking lots.
3. The Operator was Under the Influence - This is easily the most commonly litigated element of the case, as it goes to the heart of the matter: were you under the influence of a controlled and dangerous substance at the time you were operating the motor vehicle on a public way. 
The prosecution can prove this element of their case in either of two different ways
  • Per Se Violation - This is where an adult has a Blood Alcohol Content of .08 or above as measured by the breathalyzer. That's the only fact the prosecution needs to prove in order to prove your intoxication. No issues of how you did on the roadsides or the manner in which you were driving are relevant. If the State manages to prove your blood alcohol level was .08 or above, they have satisfied this element.
  • Impairment - As an alternative to the Per Se violation, the prosecution can prove the driver was under the influence by attempting to prove they were actually impaired, as in you had a diminished capacity to operate a motor vehicle. This element is used when: the breathalyzer is suppressed, there is a BAC below .08, a drug induced DUI or when the driver refuses the breath test. Impairment is generally proven through testimony: this can be testimony about the Roadside Excercises, the observations the officer had of the driver and/or testimony of the Drug Recognition Expert.

OUI vs DUI difference

In practical effect there is no difference between the Massachusetts term OUI and the more widely known term DUI. They are generally used interchangeably throughout the Commonwealth. A difference one could draw is the breadth of behavior that is prohibited under Massachusetts Law. Specifically it's not limited to Driving, but merely operating your vehicle. That may seem like a meaningless distinction, until you understand that people CAN and DO get OUI tickets when they are not driving their car.
For more information on this topic please visit our OUI without driving page

Topics In OUI / DUI

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