The Massachusetts Registry of Motor Vehicles spells out the rules for drinking and driving in the state. A driver who has a blood alcohol concentration (BAC) of 0.08% or greater may receive a charge of operating under the influence (OUI). Police may run a BAC test on the other driver after an accident to determine whether the driver should receive an OUI charge.
Even if the drivers BAC tests below 0.08% and the driver does not receive an official OUI charge, our team still may be able to use the fact that the other driver was drinking as part of our claim. Even a small amount of alcohol can affect a drivers ability to operate a motor vehicle safely, according to the National Highway Traffic Safety Administration (NHTSA). Even at a BAC of 0.02%, a driver may experience a loss of judgment and an altered mood.
If we can show that this loss of judgment played a role in the accident that the other driver caused, we can use this information to help our case. We do not necessarily have to have an OUI charge against the other driver.