Massachusetts OUI Roadblocks

3 REASONS WHY OUI ROADBLOCK ARRESTS CAN RESULT IN A NOT GUILTY VERDICT

An OUI arrest in Massachusetts at a roadblock often makes for a strong case for trial because of the following reasons:

  • You were not driving drunk, erratically or committing any traffic violations.
  • You are typically allowed to drive into the pit area after being greeted by the initial officer.
  • The cases rest entirely on field sobriety tests which are subjective, inaccurate and unreliable.

Roadblock cases typically have many defenses at trial, but there are also legal defenses that should be raised and can result in the case being dismissed.

LEGAL DEFENSES TO ROADBLOCK ARRESTS: MOTION TO SUPPRESS HEARING.

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. Often an officer at a roadblock will attempt to obtain admission of drinking.

Can the evidence be suppressed?

Since the initial greeting at a roadblock must be brief, 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 in greeting you at the initial checkpoint.
  • Not having reasonable suspicion to direct you from the follow of traffic.
  • Not complying with all of the details required by the Courts in conducting a roadblock.

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.

I was arrested at a roadblock. What should I do now?

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