In the interest in public safety, law enforcement reserves the right to conduct DUI/OUI checkpoints, also called sobriety checkpoints. For drivers—even those who aren’t under the influence of drugs or alcohol—these checkpoints can feel intimidating and potentially threatening to one’s legal rights. At The Law Office of Paul R. Moraski, our experienced criminal defense attorney in Massachusetts can help you to understand your rights at a DUI/OUI checkpoint, as well as what to do if you’re facing charges as a result of the investigation at a DUI checkpoint. Call today to get started. 

What Are DUI/OUI Checkpoints?

A sobriety checkpoint is a planned, intentional stop by law enforcement officers at a specific place on the roadway to check for drivers who may be intoxicated or impaired. They are common after special events, such as concerts or football games, where alcohol consumption is more likely. Typically, a police officer will ask you to stop, roll down your window, provide license and registration, and engage in basic questions, with the intent of detecting any signs of impairment. 

Legality of OUI Checkpoints

DUI/OUI checkpoints are legal when conducted properly in Massachusetts. “Properly” means that officers have followed required guidelines to minimize intrusions and avoid discrimination. Examples of these guidelines include:

• Ensuring that notice of the checkpoint is posted publicly in advance
• Ensuring that stops of vehicles are brief and that no coercive tactics are used
• Ensuring that a neutral, non-discriminatory method for stopping cars is used — e.g., stopping every other car, etc. 

Your Legal Rights and Refusal

Just as law enforcement has guidelines that it must follow when conducting stops, you also have rights during a sobriety checkpoint. Important things to know include:

• You have the right to remain silent. While it’s important to provide your name and requested documents to a law enforcement officer, as well as to remain polite, you do not have to provide the officer with additional or additive information about where you are going, whether you’ve consumed any substances that day, etc. 

• You have the right to refuse field sobriety testing. Field sobriety testing—such as asking drivers to stand on one leg or walk in a straight line—are not required in Massachusetts, and you have the right to refuse to submit to such testing if requested to do so.

• You have the right to refuse chemical testing. Similarly, you also have the right to refuse to submit to blood/breath chemical testing in Massachusetts, although your refusal will have consequences. Under the state’s implied consent laws, refusal to consent will result in an automatic license suspension. 
• You have the right to refuse search of your vehicle. You do not have to consent to search of your vehicle and should refuse in all cases, even if you think you have nothing to hide. Police officers have to have probable cause to search your vehicle without your consent.  

Call The Law Office of Paul R. Moraski Today 

To learn more about your rights and what to do if they’ve been violated at a sobriety checkpoint, call an attorney. If you are facing OUI charges in Massachusetts, you need an experienced OUI attorney on your side. At The Law Office of Paul R. Moraski, our criminal defense attorney is here to advocate for you. For your initial consultation, call directly at (978) 397-0011 or reach us by sending us a message directly today.