Commonwealth v. Connolly

This case requires us to define the phrase “while under the influence,” as used in G. L. c. 90, § 24 (1) (a) (1), as appearing in St. 1982, c. 373, § 2, the law that prohibits operating a motor vehicle while under the influence of intoxicating liquor or other substances.

Robert Connolly was charged with operating a motor vehicle “while under the influence of intoxicating liquor.” When arrested, he refused to take a breathalyzer test. After he was convicted at a bench trial, he claimed a de nova jury trial.

The police officer who arrested Connolly testified at the jury trial as follows. He…