Commonwealth v. Colturi

The question presented in this case is whether, or on what conditions, the result of a breathalyzer test is admissible in a criminal trial on a charge of operating a motor vehicle while under the influence of intoxicating liquor (OUI), in violation of G. L. c. 90, § 24 (1) (a) (1), as amended through St. 2003, c. 28, § 1 (OUI statute).

As a consequence of amendments to the OUI statute enacted in 2003, an OUI violation may be established on proof that a driver was operating a motor vehicle either “with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater” (per…