DUI Checkpoints in Massachusetts

 

Massachusetts law enforcement officers use DUI checkpoints as part of their attempt to curb intoxicated driving in the state. In Massachusetts, these checkpoints are predetermined fixed locations that are known to be “problem areas” and tend to be near busy bars and restaurants where accidents and drunken driving arrests have previously occurred.

 

Though Massachusetts DUI checkpoints occur year-round, there is usually an increase around holidays and large sporting events, when more people are going to parties and drinking. You are most likely to run into a DUI checkpoint late at night or early in the morning on a weekend.

 

DUI checkpoints in Massachusetts serve a couple of purposes for law enforcement officers. They help officers to detect and arrest people who are driving under the influence of drugs and alcohol, making the roads a safer place for the public at large. The public nature of checkpoints also helps to deter people from driving while drunk to begin with because they will believe there is a higher risk of getting caught, and it educates people on the DUI laws of Massachusetts.

 

Are DUI Checkpoints Legal in Massachusetts?

 

DUI checkpoints were upheld as legal nationally in the 1990 U.S. Supreme Court case of Michigan v. Sitz. In that landmark case, the Justices argued that DUI checkpoints should be legal because their sole purpose was to detect DUI, which was in the public interest. This, they felt, outweighed any questions about the practice violating the Fourth Amendment by conducting an illegal search and seizure.

 

Legal experts have argued with that ruling ever since, even calling it “the DUI exception to the Constitution.” They believe that the Court’s ruling was incorrect, siding with the 11 states that have outlawed the practice in the United States.

 

Even those who do agree with the Supreme Court’s ruling have admitted that the way many DUI checkpoints are run in practice is problematic. While detecting DUI may be in the public interest, how does that argument hold for violations related to tinted windows, busted tail lights, or expired driver’s licenses? None of those things have anything to do with DUI, yet all are common things cited by police officers at checkpoints. These citations often carry with them fines, which means that local governments are profiting off of DUI checkpoints by looking for problems that are completely unrelated to DUI!

 

Worse than this is the question of how well DUI checkpoints actually work to curb drunken driving. Sure, a few people are probably arrested at each checkpoint, but over time traditional roaming patrols have proven to be far better at identifying and arresting people who are drinking and driving.

 

Regardless of these questions, though, currently Massachusetts DUI checkpoints are considered legal, so if you find yourself approaching one you had better know your rights.

 

If You Are Stopped at a Massachusetts DUI Checkpoint

 

If you are chosen for inspection at a Massachusetts DUI checkpoint, remember to remain calm and polite throughout the process so that you pass the so-called “attitude test.” Stop your vehicle completely and lower your window so that you can speak to the officer. As always when dealing with the police, keep your hands visible at all times and make no sudden movements.

 

Officers at these checkpoints have been trained to try to get you to talk about whether or not you’ve been drinking, but the only information you are required to give them by law is your name, address, license, and registration. For all other questions, simply refuse to answer as politely as you can. Answering questions, even seemingly innocuous ones, might cause you to incriminate yourself. Ask to speak to a lawyer if the officer persists in asking you questions that you have already refused to answer.

 

Also politely refuse to take field sobriety tests. No law requires you to take this test, and most Massachusetts DUI lawyers will tell you that it’s likely to hurt you more than it helps. Why? Because whether or not you fail is based solely on the subjective opinion of the officer administering it, and taking it will only provide the police with more evidence to use against you.

 

If You Are Arrested at a Massachusetts DUI Checkpoint

 

At this point, a blood alcohol content test (BAC) will most likely be offered to you. Sometimes these are just simple breath tests; other times these machines actually draw blood from you to determine your blood alcohol level. Don’t panic if you have to take one. Any experienced Massachusetts DUI lawyer will tell you that any number of things can cause these devices to give false readings, and it’s quite possible that the results of the test may get thrown out of court completely. This is why you want a qualified Massachusetts DUI attorney on your side as soon as possible to talk to you about your options and work out a defense.