In Massachusetts it is not illegal to operate a motor vehicle after consuming alcohol. It only becomes a crime when you are operating a motor vehicle and your ability to so is either impaired or your Blood Alcohol Content (BAC) is measured above the legal limit. Your blood alcohol content is measured as a percent of alcohol in the blood by weight. Massachusetts has adopted the National Highway Traffic Safety Administration (NHTSA) recommendation of 0.08 BAC.
Therefore, if you submit to either a blood test or breathalyzer test and the results are 0.08 or above you would be at or above the legal limit.
If you submitted to a blood test or a breath test and the results were above the legal limit that alone does not mean you are guilty. Contact Attorney Gilman today for a free consultation to learn how we can fight these charges.