Law enforcement officers depend on blood alcohol level to prove a person is guilty during trials. However, to make an arrest, they don’t need a breathalyzer. They can arrest you based on physical observations and field sobriety tests.
What does the Massachusetts state law say?
Massachusetts has a comprehensive legal framework for defining operating under the influence. It outlines specific conditions under which you commit this offense. One of those conditions is a blood alcohol level of .08% or higher, which applies to drivers aged 21 and older. Drivers under 21 are subject to a separate zero-tolerance provision, under which a BAC of .02% or higher can result in a civil license suspension.
While these alcohol limits are often used by law enforcement to prove you were operating the vehicle under the influence at trial, an officer can still arrest you without one if they have probable cause to believe you are impaired.
How do officers determine impairment?
Police officers complete specialized training to identify potentially intoxicated drivers on the road. They actively watch for specific red flags before and during a traffic stop to establish reasonable suspicion. Before pulling you over, law enforcement typically looks for these driving behaviors:
- Swerving or drifting outside of designated lanes
- Driving at unusually high or excessively slow speeds
- Reacting slowly to traffic lights or signals
- Making illegal stops or turns
- Hitting or nearly colliding with other cars or objects
After pulling you over, the officer will evaluate your physical demeanor, look for signs of impairment such as glassy eyes or the smell of alcohol and use field sobriety tests to build a case.
How can you defend yourself?
An officer’s judgment based on personal observation does not automatically mean you are guilty. Fighting a criminal charge that relies on subjective police observations opens up defense options. A criminal defense attorney can dissect the details of your traffic stop, question the accuracy of field sobriety tests and challenge the officer’s credibility in court to protect your rights.