In Massachusetts, if you register a BAC of 0.08 or higher you will be arrested and charged with OUI. If you are under the age of 21, the legal drinking age, you will face administrative penalties if your BAC level is 0.02 or higher, in addition you will face standard penalties if your BAC is 0.08 or higher.
Remember the “spirit of America” state has some of the nation’s toughest OUI laws.
Actually, Massachusetts has a “per se” law which makes it illegal for anyone to drive or otherwise operate a vehicle with a blood alcohol content of 0.08 or higher. If you are under 21, the state has a Zero Tolerance policy prohibiting a B.A.C. of 0.02 or higher.
In Massachusetts, if you refuse either a breathalyzer or field sobriety tests, it cannot be introduced in court as evidence of consciousness of guilt. However, if you refuse the breathalyzer you can lose your license for 180 days.
On October 28, 2005, Massachusetts enacted Melanie's Law, enhancing penalties and administrative sanctions for Operating under the Influence. Click the link above to be directed to the Massachusetts Department of Motor Vehicle’s site regarding the new changes.
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