Massachusetts OUI Laws and What They Mean for Accident Victims
Massachusetts law prohibits operating a motor vehicle under the influence of alcohol or drugs – commonly referred to as OUI (Operating Under the Influence). If you were injured by a driver charged with OUI, understanding how these laws work gives you a significant advantage in your civil injury claim.
What Is the Legal Blood Alcohol Limit in Massachusetts?
In Massachusetts, a blood alcohol concentration (BAC) of 0.08% or higher is per se evidence of OUI for drivers 21 and older. For commercial drivers, the limit is 0.04%. For drivers under 21, any detectable alcohol is a violation under Massachusetts’s zero-tolerance law.
How an OUI Arrest Strengthens Your Civil Case
When a driver is arrested for OUI after injuring you, that arrest creates powerful evidence for your civil lawsuit. Evidence that supports your civil claim includes the police arrest report, breathalyzer and blood test results, field sobriety test results, the OUI charge itself, any criminal conviction or plea. Even a plea to a lesser charge such as negligent operation is valuable evidence of the driver’s reckless conduct.
Negligence Per Se
Under Massachusetts law, a driver who violates a criminal statute – such as OUI – and causes injury as a result may be considered negligent per se. This means their legal violation establishes negligence as a matter of law, making your civil case substantially stronger.
Your Civil Case Is Independent of the Criminal Case
The criminal OUI case is prosecuted by the government – your civil injury lawsuit is your personal claim for compensation. These cases proceed on parallel tracks. You do not need to wait for the criminal case to conclude, and a not-guilty verdict in criminal court does not prevent you from winning your civil case.
Contact a Massachusetts Personal Injury Attorney After an OUI Accident
If you were injured by a drunk or impaired driver in Massachusetts, the evidence gathered in the OUI case can be critical to your civil claim. Act quickly to preserve your rights. Contact Larson Law for a free consultation – no fee unless we win.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.