How drunk does a person have to be in order to be convicted?
It is a fallacy to say “I wasn’t drunk so I shouldn’t be convicted.” In Massachusetts, the test is whether a person is “impaired” by the effect of alcohol or drugs. The prosecution does not have to prove that anyone was drunk. The prosecution simply has to prove that a person operated a motor vehicle while “under the influence of intoxicating liquor.” A driver is “under the influence” if that driver’s alertness, judgment and ability to respond promptly have been lessened by alcohol. While it may include someone who is drunk, it also would include anyone who has consumed enough alcohol to reduce his or her mental clarity, self-control and reflexes, leaving him or her with a reduced ability to drive safely. Many states including Massachusetts have adopted the per se offense where a person can be convicted if that person was operating a motor vehicle with a blood alcohol level of .08 percent or greater. The only way for the prosecutor to get that information is if the driver took a Breath
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