Operating under the influence (OUI) offenses may follow car crashes or targeted traffic stops. Police officers sometimes know before they interact with the driver that they are likely under the influence. They received concerned calls from other drivers or witnessed unsafe driving during traffic patrol work.
In some cases, the officers who suspect OUI offenses have evidence before they conduct a traffic stop, such as video footage of poor driving. Other times, traffic stops begin due to other issues, such as vehicle maintenance concerns or minor traffic violations. Those pulled over for reasons other than impairment may eventually face per se OUI charges.
What is a per se offense?
Some actions are criminal regardless of an individual’s intent or any other details about the situation. A per se offense is a crime in its own right, regardless of the circumstances. A per se OUI offense occurs when a driver has control over a vehicle with an elevated blood alcohol concentration (BAC).
For most drivers in Massachusetts, operating a vehicle with a BAC of 0.08% or higher could lead to per se OUI charges. Drivers who are not old enough to drink in those operating commercial vehicles may be subject to stricter limitations. Those facing per se OUI charges may need to develop a different defense strategy than those accused of causing crashes or displaying impaired ability.
Learning more about the law is often the starting place for the development of an effective criminal defense strategy. Drivers accused of OUI offenses can potentially avoid criminal convictions with the right approach to the charges.