When a person is pulled over on suspicion of drunk driving, the police have likely witnessed some type of suspect driving behavior. In some cases, the police will arrive at the scene of a drunk driving accident and become aware of the fact that one or more of the drivers may have been driving a motor vehicle under the influence of drugs or alcohol.
Authorities have various tools at their disposal to determine if there is probable cause to place a person under arrest for drunk driving. In Massachusetts, the formal name for a drunk driving charge is operation of a motor vehicle under the influence intoxicating liquor or drugs (OUI). Probable cause means that there is some probability that defendant is guilty of an offense for which he or she is about to be arrested and charged. This is basically the lowest standard of proof in criminal or civil court system, but courts will, and often do, dismiss criminal cases following a motions hearing if the prosecutor cannot establish probable cause to have arrested or charged a defendant. This applies to cases following a Boston drunk driving accident as well. Continue reading