Powderly Gets Results
  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
  • OUI 2nd Offense
  • Result: Not Guilty
Powderly Probes Crime Lab
James Powderly on WPRI Channel 12
James Powderly on Digging Deeper
James Powderly on Channel 12



Blood alcohol testing allows law enforcement to see how much ethyl alcohol is in a person’s bloodstream. The results are given in percentage by milligram. If someone has a blood alcohol test result of 0.08% or higher, he or she is considered intoxicated according to Massachusetts law. If a person’s blood alcohol test result is slightly below 0.08%, he or she still might be considered under the influence of alcohol if he or she displays certain behaviors.

It is important to remember that the blood alcohol test is supposed to determine the driver’s blood alcohol concentration at the time the he or she was operating a motor vehicle, and not after the fact. There can be a significant difference between a driver’s BAC at the time of driving and the time the test is taken.

There are two types of tests that law enforcement uses to determine a person’s blood alcohol level. Blood alcohol can be measured by a person’s breath and/or blood. Certain factors such as gender, amount of alcohol consumed, weight, type of alcohol consumed, and food consumption can directly impact the results of a blood alcohol test.

Breath Alcohol Testing – During a breath alcohol test, the person blows into an instrument such as the Intoxilyzer. A person’s breath alcohol concentration is believed to be related to their blood alcohol concentration. By measuring a person’s breath alcohol concentration, law enforcement can figure out his or her blood alcohol concentration (BAC). Massachusetts adopted 0.08% as the standard for impairment. This means there is 0.08 grams of alcohol present per 100 milliliters of blood.

Blood Alcohol Testing – Through a blood alcohol test, a person’s blood alcohol content can be directly determined. Blood testing is the most accurate way to determine a person’s blood alcohol concentration. During a blood alcohol test, blood is drawn from a person’s arm, and then it is analyzed. If the blood test reveals the person’s blood alcohol concentration to be 0.08% or greater, that person is considered intoxicated.

Cape Cod OUI Defense Lawyer

If you have been arrested for OUI in the Cape Cod Region, obtaining a qualified attorney is the most important decision you can make. A skilled OUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your OUI charges. Attorney James Powderly has helped hundreds of individuals facing OUI and Drunk Driving Charges.

Cape Cod Drunk Driving (OUI) Defense Lawyer James Powderly defends those charged with OUI DWI DUI in Falmouth, Hyannis, Provincetown, Barnstable, Sandwich, Yarmouth, Chatham, Bourne, Mashpee, Hyannis, Yarmouth, Dennis, Brewster, Harwich, Orleans, Eastham, Wellfleet, Truro, Provincetown, Onset, Plymouth, Dartmouth, Fairhaven, Mattapoisett, New Bedford, Wareham, Westport and throughout the Cape Code Region. To speak with an experienced Massachusetts OUI Defense Lawyer, call Attorney James Powderly at 508-343-0676.