Commonwealth v. Devine
83 Mass. App. Ct. 1131 (2013)
Summary
The
defendant appealed his conviction of operating a motor vehicle while under the
influence of intoxicating liquor, fifth offense. The defendant argued that there was
insufficient evidence to find beyond a reasonable doubt that he was operating a
vehicle while under the influence of the alcohol and that the trial judge erred
in denying his motion for a required finding of not guilty. The Appeals Court disagreed.
To be found guilty of operating
under the influence, the Commonwealth must show that the defendant: operated a
vehicle, on a public way, while under the influence of intoxicating
liquor. The Commonwealth did not have to
prove that the defendant actually drove in an unsafe manner, but only that he
had a diminished capacity to operate the vehicle safely.
The
officer smelled alcohol emanating from the defendant’s vehicle, observed that
the defendant’s eyes were glassy and bloodshot, and noticed his speech was
lightly slurred. The defendant admitted
to consuming four beers earlier in the evening.
After exiting the vehicle, the defendant relied on his vehicle for
support while walking and could not maintain his balance. The officer testified that the result of the
defendant’s breath test was a .08 percent blood alcohol level, which allowed a
jury to infer that the defendant was operating the vehicle while under the
influence of intoxicating liquor.
The Appeals Court concluded that a reasonable
jury could have concluded beyond a reasonable doubt that the defendant’s
alcohol consumption impaired his ability to operate a vehicle safely. The court affirmed the defendant’s
conviction.
Written 7/2013
