OPERATING UNDER THE INFLUENCE OF DRUGS

G.L. c. 90 § 24[1]

• A person is charged with operating a motor vehicle while under the influence of drugs (marihuana, narcotic drugs, depressants, stimulant substances, and vapors of glue) if the Commonwealth can prove three elements, beyond a reasonable doubt:

• (1) That the defendant operated the motor vehicle;

• (2) That he or she operated the vehicle in a place where the public has a right of access or in a place where members of the public have access as invitees or licensees; and

• (3) That while the defendant was operating the vehicle, he or she was under the influence of drugs (marihuana, narcotic drugs, depressants, stimulant substances, and vapors of glue).

• Practice Notes

• A person is considered under the influence of drugs when he or she has consumed enough of a drug to reduce his or her ability to operate a motor vehicle safely by diminishing his or her alertness, judgment, and ability to respond promptly.