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OUI Checkpoints and OUI Arrests

What are OUI Checkpoints?

Many OUI arrests in Massachusetts begin at a OUI/DUI checkpoint. These prearranged events happen throughout Massachusetts and throughout the year. A checkpoint may be set up on major roadways or small backroads throughout the Commonwealth. Police Departments participating in roadblocks must them up in a manner that can properly and safely direct traffic flow in the direction of police officers who are located in key locations. As your vehicle approaches these law enforcement officers will observe not just your operation of the vehicle but also of how you are reacting to the situation. Depending on the initial officers observations at determination will be made whether further testing will be required.

Requirements for OUI/DUI Checkpoints?

Law enforcement agencies must follow stringent protocols in preparing for, setting up and enforcing OUI/DUI checkpoints.  The police departments must ensure that checkpoints are:

  • Only take place in areas that are shown to high numbers of OUI/DUI offenses.
  • Take place in a location that is well-lit and properly marked.
  • Any stop or observation period must not cause an undue delay to operators.
  • Have a supervisor present at the check point.

The goal in following the above standards is to ensure safety of the both the operators and the police officers and to limit the inconvenience imposed on the operators. Commonwealth v. McGeoghegan, 389 Mass. 173, 143 (183).

What Happens if More Testing is Required?

If the police officers make observations that lead them to believe you may be driving under the influence your vehicle could be directed to a secondary observation section for further testing. Such testing may include:

If you were arrested and charged with operating under the influence following a sobriety checkpoint stop, contact our team today to start planning your defense. You have rights and you need a team on your side to help you fight for your right to drive. Get back on the road with a OUI Defense and License Suspension Law Firm on your side.

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Gilman Law P.C. is committed to answering your questions about OUI-related offenses and license suspensions issues in Massachusetts.

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