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Frequently Asked Questions: Criminal Law

How does the Commonwealth attempt to prove an OUI charge?

Generally, in one of two ways.  First, if the operator consented and took a breathalyzer test which results in a blood alcohol level of .08 or greater, this is a “per se” violation sufficient for conviction if the test results are admitted into evidence.

Second, by the testimony and opinion of the arresting officer that based upon his observations of the operation of the motor vehicle, and the actions of the operator after stopping the motor vehicle, that the officer is of the opinion the operator was under the influence of alcohol.

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