SOBRIETY CHECKPOINTS 

Throughout Massachusetts, local police departments and law enforcement agencies have dramatically boosted their arrest rate for drunk driving.  Most credit an increased number of sobriety checkpoints in their aggressive stance to prevent drivers from operating a motor vehicle under the influence of alcohol or drugs. 

Officers normally choose heavily traveled highways and roads, often late at night, and typically plant themselves near busy bars and restaurants.  The officer then motions a driver to the side of the road, asks questions, and makes the subjective determination if the driver's reactions and performance to his or her questions or tasks provide a sufficient justification for further detainment or arrest. 

If you are stopped, law enforcement cannot arrest you just because the officer is suspicious.  Once they can articulate specific facts in their police report, however, indicating that you have failed field sobriety or breathalyzer tests and are under the influence of an intoxicating liquor or drugs, an arrest may pursue.
 

Your Constitutional Rights Are Still In Place… 

While roadblocks have been held permissible across the Commonwealth, if you're stopped at an OUI/DUI checkpoint, State Police troopers and local law enforcement must adhere to the strict criteria established by the Supreme Judicial Court.  If the Commonwealth (through the District Attorney's Office) cannot meet its burden of proving that the roadblock complied with strict Constitutional standards, an aggressive and experienced DUI Defense Attorney should file a Motion to Suppress all the evidence, rendering the sobriety checkpoint illegal. 

Even if the police complied with proper roadblock procedure, your case can often be defended as there are several defense strategies to both the field sobriety tests and breathalyzer. 

Our legal team is made-up of former Prosecutors.  This means that we have a unique perspective.  We know the strengths and weaknesses of the District Attorney's argument.  We challenge them, particularly when it comes to sobriety checkpoints.

Our DUI Defense Attorneys
Challenge Sobriety Checkpoints!

For a FREE Case Evaluation about your OUI charge and the constitutionality of your roadside sobriety stop, fill-out our online form, or call (888) 693-8434 to make an appointment at one of our local offices.  We answer our phones and return calls 24/7 - we even meet clients on Sundays!

Learn more by contacting one of our DUI Defense Lawyers.