Massachusetts OUI Roadblocks

Massachusetts State police are aggressively using DUI Roadblocks as a method of enforcing Massachusetts OUI laws. An OUI arrest in Massachusetts at a roadblock raises different issues than a typical OUI arrest. Here are some reasons:

  1. You were not driving drunk, erratically or committing any traffic violations.
  2. You are typically allowed to drive into the pit area after being greeted by the initial officer;
  3. The officer has a greater predisposition to arrest you given that the purpose of the roadblock is to make arrests for OUI.
  • How should a Roadblock be set up under the Constitution?

A DUI roadblock is when the police stop every vehicle at a fixed point. An initial screening officer will then approach your car and greet you. The greeting should be short and brief; if it deviates from what is required by the State police plan, this could be a basis of having the charge dismissed at a motion to suppress hearing.

  • What is the Officer looking for in deciding whether to send me into the pit area?
The officer while speaking to you is looking to see if your eyes are blood shot and glassy, if there is any odor of alcohol on your breath or any other signs of drunk driving such as open containers of alcohol.
  • 3 Reasons why an OUI Roadblock is typically a strong case for trial.

There are 3 main reasons why it would be a good decision to fight your roadblock arrest.

These reasons are:

  1. There is generally no evidence of erratic driving to show that your driving was impaired by alcohol;
  2. In most cases, even after the police officer directs you for additional screening, the officer allows you to drive into the screening area, indicating that the officer was unsure as to whether you were under the influence of alcohol;
  3. Roadblock cases typically rely heavily on the results of field sobriety tests, which are unreliable and do not provide an accurate indication of whether someone is under the influence of alcohol.

Often an officer at a roadblock will attempt to obtain admission of drinking. Since the initial greeting at a roadblock must be brief and according to the State police plan, a Massachusetts DUI lawyer can attempt to have the evidence from the stop suppressed based on the initial screening officer, deviating from the State police plan by prolonging the initial contact to inquire into whether the motorist has been drinking. Since a Roadblock is an extraordinary infringement upon the Constitution, being stopped for no reason at all, the police must comply strictly with the criteria set forth by the Massachusetts Supreme Judicial Court. This provides many legal defenses to your case.

  • What you should do after being arrested at a Roadblock?

If you were arrested at an OUI Roadblock, you should download Attorney DelSignore’s Free Special Report Regarding OUI Roadblock Arrests by clicking here.

If you have questions, please feel free to call 781-686-5924 or 508-455-4755 to discuss your case.


Massachusetts Criminal Defense Lawyer Blog - DUI Roadblocks

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