Expert OUI DefenseAttorney Patrick M. Gioia has tried OUI cases throughout Massachusetts. His steadfast and measured approach has led to sustained success in the courtroom. He has an in-depth knowledge of the relevant case law and trial strategies, including in the areas of: operation, public way, breathalyzer tests, accident reconstruction, field sobriety tests, scene investigation, witness preparation, and cross examination of police officers. In addition, Attorney Gioia advises his clients on potential collateral consequences related to OUI, including license suspension. Contact Attorney Gioia for expert counsel you can depend on.
Operating under the influence (OUI) in Massachusetts is charged under General Laws c. 90 §24. A person may be charged with either OUI liquor or OUI drugs or in some circumstances, both. To prove OUI, the Commonwealth must show: First: That the defendant operated a motor vehicle; Second: That the defendant did so on a public way; and Third: That while operating the vehicle, the defendant was under the influence of intoxicating liquor or drugs, as defined by law. See Commonwealth v. Tynes, 400 Mass. 369, 374-375 (1987).
It is not illegal to drive after consuming alcohol as long as the operator is not under the influence of alcohol. However, neither does someone have to be intoxicated to be under the influence of alcohol. A person is under the influence of alcohol if he or she has consumed enough alcohol to reduce his or her ability to operate a motor vehicle safely, by decreasing his or her alertness, judgment, and ability to respond promptly. It means that a person has consumed enough alcohol to reduce his or her mental clarity, self-control and reflexes, and thereby left him or her with a reduced ability to drive safely. The Commonwealth is not required to prove that the defendant actually drove in an unsafe or erratic manner, but it is required to prove that his or her ability to drive safely was diminished by alcohol. See Commonwealth v. Colturi, 448 Mass. 809 (2007); see also Massachusetts Model Jury Instructions, 5.310 (2019).
Attorney Patrick M. Gioia is an expert at defending against OUI. Contact Attorney Gioia for trusted counsel you can depend on.