Massachusetts DUI RoadBlocks
What is a DUI Roadblock?
A police field sobriety checkpoint, also known as a DUI
roadblock, is a pre-determined spot on a road or highway
where the police set up a traffic chokepoint to monitor drivers for alcohol
consumption and possible drunk driving offenses.
If you are stopped in a DUI roadblock in Massachusetts, please call me for a
consultation at (781) 380-7730, and I'll go over what your options are in
fighting the case.
Are These Roadblocks Fair?
It is a serious question whether these checkpoints that stop drivers without
probable cause are a violation of the Fourth Ammendment to the US Constition.
The police are stopping you without any reasonable suspicion or probable cause.
However, Massachusetts courts have said they
are legal and constitutional. The roadblock
location has to be announced publicly before it
happens.
Can I Fight A Roadblock DUI Charge?
Definitely. Although Massachusetts allows
roadblocks, and your case is unlikley to be
dismissed soley on that basis, the fact that you
were essentially stopped for no reason can make
it harder to prove the case against you.
You were not accusd of weaving, speeding,
or driving dangerously. The police officer will
likely have to testify that he saw
nothing wrong with your
driving. So the case will turn on
field
sobriety tests, and a
breath test result if you took the
breathalyzer, and we can
fight those in a number of ways.
Are Sobriety Roadblocks Effective?
That is an open question, and really depends on "compared to what"? They
typically do result in a few people arrested for DUI, a few more
drug possession cases, and some suspended license
charges.
It is controversial as to whether they are an effective public safety
measure. Many experts believe that "roving patrols" are more effective at
stopping dangerous drunk drivers. Police cruisers would do better patrolling the
highways looking for bad driving behavior that might indicate impairment.
Since DUI checkpoints are often announced in advance, or put in predictable
spots, chronic drunk driver's may know to avoid these places.
That means that these roadblocks are most likely to ensnare drivers who may
have made an innocent mistake, and aren't a significant danger. After all, they
wouldn't have even been pulled over if not for the roadblock.
--- Call Attorney Russell Matson if you've been stopped in a
roadblock and arrested on a DUI charge. He can answer your questions
about your MA drunk driving charge. You can call 24 hours a day at (781)
380-7730, and he will be happy to consult on your case, with no
further obligation.
Call the Law Office of Russell Matson to talk to a drunk driving / DUI / OUI attorney anytime at (781) 380-7730. |
