Summer means beach parties, backyard BBQs and celebrations for graduations, retirements and birthdays. For law enforcement, summer is one of the peak times for DUIs, making it an ideal time to use the tool of sobriety checkpoints to minimize drinking while impaired on our Massachusetts roadways.
Here is a look at what you need to know as a driver about what to expect and your rights at a sobriety checkpoint.
What is a Sobriety Checkpoint?
Sobriety checkpoints, also referred to as DUI checkpoints, are one of the law enforcement tools utilized to detect and deter impaired driving. The Massachusetts State Police uses these checkpoints to prevent drunk driving and reduce alcohol-related crashes.
What Happens at a Checkpoint? Typically, these checkpoints are publicized in advance and set up with law enforcement along a stretch of road where the incidence of impaired driving is elevated. A state trooper will stop vehicles according to a pre-determined plan, such as every car, every other car, or every fourth car. During the stop, police officers engage the driver in a brief conversation in an attempt to determine if the driver is impaired.
If the driver is found to be impaired, appropriate action is taken. The officer may ask you to take a breathalyzer test or conduct field sobriety tests. If it is determined that the driver is not impaired, they are allowed to proceed on their way. The duration of the stop is short and the non-impaired drivers’ interaction with law enforcement is minimally intrusive.
What Are A Driver’s Rights?
As determined in Commonwealth v. Shields, sobriety checkpoints are legal in the state of Massachusetts. This means drivers must stop for law enforcement and undergo a short interview or conversation with an officer.
While drivers must pull over and speak with an officer, they are not required to consent to a search of the vehicle or tests such as a breathalyzer, blood test or field sobriety test. Police can only search your vehicle if they have probable cause to do so, such as an open bottle that is visible or suspected drug paraphernalia. Refusal to give your breath or blood may have consequences, as this violates the state of Massachusetts’ implied consent laws.
During a sobriety checkpoint, a driver also has the right not to be unreasonably detained. For instance, it is allowable for the officer to stop the vehicle and ask questions, but holding a driver without cause is not allowed. The law enforcement officer must have a reason to hold you, such as the smell of alcohol, slurred speech, or impaired behavior. Otherwise, the stop should be short and to the point, allowing non-impaired drivers to continue on their way.
If you are arrested on DUI charges in Massachusetts, contact an experienced Massachusetts criminal defense attorney as soon as possible. Contact our team at The Law Office of Patrick Conway.