Massachusetts State Police and local police departments routinely utilize roadblocks or sobriety checkpoint as a method to enforce the Massachusetts Drunk Driving Laws.
As it concerns DUI / OUI Roadblocks or Sobriety Checkpoints, Massachusetts law permits the police to stop randomly stop vehicles without evidence of impaired operation, erratic driving or other civil motor vehicle offenses. The selection process employed by police, however, must not be arbitrary and the procedure must be conducted to a plan devised by law enforcement.
By way of background, a stop of a car at a police roadblock, no matter how brief, is considered to be a warrantless seizure that implicates the constitutional protections of the United States Constitution and the Massachusetts Declaration of Rights. The United States Supreme Court has upheld police using OUI / DUI Roadblocks or Sobriety Checkpoints if they are reasonable and balance the public interest in reducing alcohol related accidents against a person's constitutional rights.
The reason police must operated a DUI / OUI checkpoint according to a previously-devised plan is because it would be illegal to target which vehicles to stop. Even fixed checkpoints where police stop cars according to no set plan or pattern are unconstitutional and illegal. In other words, if the police or law enforcement have any discretion in which vehicles are stopped, the constitutionality of the sobriety checkpoint will not upheld.
The landmark cases concerning OUI / DUI Roadblocks or Sobriety Checkpoints in Massachusetts is Commonwealth v. McGeoghgan, 389 Mass. 137 (1983) and
Commonwealth v. Trumble, 396 Mass. 81 (1985). In those cases, the Massachusetts Supreme Judicial Court held that, in order for a OUI / DUI roadblock or sobriety checkpoint to be constitutional, four things must be satisfied:
- the selection of cars stopped must not be arbitrary
- assurance must be given that the procedure utilized by the police is conducted pursuant to a plan devised by law enforcement with standard, neutral guidelines that clearly forbid the arbitrary selection of vehicles to be stopped
- the site selected for the DUI / OUI checkpoint must be a "problem area", in other words, where accidents or drunk driving arrested have previously occurred; and
- the public must be given advance notice.
At the initial stop at a drunk driving roadblock or sobriety checkpoint, the police or screening officer will speak to the operator and explain what is occurring. At this stage, the police officer is looking for any signs that might suggest the operator is operating under the influence of alcohol or drugs, such as blood shot eyes, the smell of alcohol, or any other indicia of drunk driving.
Once a car has been selected at the DUI / OUI roadblock or sobriety checkpoint and only if the police officer has reasonable suspicion, "based upon articulable facts" that the driver may be operating under the influence, only then may he lawfully direct that driver to submit to a secondary screening. Courts have generally upheld further screening after the initial stop if the screening officer observed "any articulable sign of possible intoxication."
Cases involving a drunk driving roadblock or sobriety checkpoint should always be challenged because Massachusetts criminal law places the burden on the prosecutor to prove that the roadblock seizure was conducted in accordance with the law and guidelines and was therefore constitutional. If the prosecutor fails to meet that burden, i.e., that the checkpoint was reasonable and constitutionally conducted, then your case may ultimately be dismissed.
A successful challenge of your drunk driving arrest after having been stopped at a sobriety checkpoint will rise and fall on very detailed issues and legal arguments concerning the constitutionality of the road block. Because a successful challenge can rise and fall on the persuasiveness of the legal argument, it is critical that the attorney be experienced, knowledgable and able to convince the judge of his position.
FAQs
DUI checkpoints are legal under both U.S. and California state constitutions. California DUI checkpoint law allows the local law enforcement to set up DUI roadblocks, to determine if drivers are under the influence.
Can you refuse a DUI checkpoint in Massachusetts? ›
Of course, if you show any signs of impairment, they may try to request that you participate in field sobriety tests. If you refuse, you could still be arrested for DUI. In Massachusetts, however, your refusal to perform field sobriety tests is not something that the prosecution can use against you at trial.
Is it illegal to turn around at a DUI checkpoint? ›
It is not illegal to turn around at a DUI checkpoint as long as you comply with all traffic laws in the area. However, if you attract the attention of law enforcement, your decision to turn to avoid the DUI checkpoint could be seen as a factor that provides police with probable cause to pull you over.
Is a DUI checkpoint legal in Texas? ›
In Texas, DUI checkpoints, also known as DWI checkpoints, are not legally permitted. Instead, law enforcement may set up other types of checkpoints, primarily aimed at verifying valid driver's licenses. However, the legality of these roadblocks can be ambiguous, potentially leading to DWI arrests.
Do DUI checkpoints violate the 4th Amendment? ›
As long as law enforcement officials follow the requirements listed above, DUI checkpoints do not violate the Fourth Amendment and are legal. According to California Vehicle Code Section 2814.2, you are required to stop and submit to police inspection at a DUI checkpoint when signs are displayed requiring you to stop.
Do DUI checkpoints violate the Fourth Amendment? ›
The California Supreme Court has held that DUI checkpoints are “administrative inspections,” like airport screenings. As such, they are an exception to the Fourth Amendment rule that an officer must have probable cause or reasonable suspicion to initiate a DUI investigation.
What are my rights at a DUI checkpoint in Massachusetts? ›
During a DUI checkpoint, you should remain calm and polite, but also be aware of your rights. While an officer can stop you and question you, they cannot force you to submit to testing nor search your vehicle unless they have probable cause to do so.
Do I have to answer questions at a DUI checkpoint in Massachusetts? ›
While you are required to provide your driver's license and registration to the officers, you also have the right to an attorney before answering questions. You are not legally required to perform the roadside tests, which include: Roadside breathalyzer testing. Field Sobriety Tests.
Do you have to show ID at a DUI checkpoint in Massachusetts? ›
A uniformed officer will either indicate for you to stop or wave you through. Drivers who are stopped will be greeted by the officer or trooper and will be asked to show their license and registration. Legally you must comply, or risk arrest for obstruction of justice or OUI.
What happens if you turn around at a sobriety checkpoint? ›
While the act of simply turning around at a DUI checkpoint will not in and of itself give a police officer the reasonable suspicion required to make a DUI stop, the officer may be able to stop you if he observes any driving behavior that would be sufficient for reasonable suspicion, such as slow or erratic driving, ...
The answer to the question of “Are DUI Checkpoints Legal in California?” is, simply, yes. According to California's Vehicle Code, “A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.”
What happens if you turn around before a checkpoint? ›
You could turn down a different street or go back the way you came. Provided that you do not engage in illegal maneuvers, simply attempting to avoid the checkpoint won't be a violation of the law that justifies an arrest. However, police officers often watch for those who reroute their vehicles.
What states have outlawed DUI checkpoints? ›
Idaho, Iowa, and Minnesota deemed them not legal through case law. Michigan, Oregon, Rhode Island, and Washington have deemed DUI checkpoints illegal under their respective state constitutions.
Why doesn't Texas have DUI checkpoints? ›
It was in 1994 when the Texas Court of Criminal Appeals held that DWI checkpoints are considered to be an unlawful search and seizure as they violate the Fourth Amendment rights of drivers in Texas.
Can I refuse a DUI checkpoint in Texas? ›
Refusing tests. In Texas, you have the right to refuse field sobriety tests but refusing a breathalyzer test could lead to a license suspension because the state has implied consent laws in place.
Why are checkpoints unconstitutional? ›
The Edmond court held that a checkpoint program whose primary purpose is to detect evidence of ordinary criminal wrongdoing violates the Fourth Amendment. The Edmond court stated: there would be little check on the ability of the authorities to construct roadblocks for almost any conceivable law enforcement purpose.
What did the Supreme Court say about DUI check points? ›
In a very close decision, 5-4, the Court held that the balancing test weighed in favor of allowing the DUI checkpoints and that such a seizure was “reasonable” and therefore permissible under the Fourth Amendment. (See Michigan v. Sitz, 496 U.S. 444 (1990)).
Which of the following can be considered unconstitutional checkpoints? ›
In general, roadway checkpoints are unconstitutional. The 4th Amendment to the United States Constitution provides that people shall be free from unreasonable searches and seizures.
Are driver's license checkpoints legal in the United States? ›
Most states permit officers to run background checks, warrant searches, and driver's license inspections. Officers are typically also permitted to conduct basic field sobriety tests on motorists who appear to be driving while under the influence.
