Are Checkpoints Legal?
Insight from a Western Massachusetts OUI Attorney
Those that charged with driving under the influence and cited for an OUI may have been stopped at a DUI checkpoint. These drunk driving checkpoints happen throughout the year on major roadways and intersections. Road blocks will be set up to direct the flow of traffic toward law enforcement officers who will evaluate your demeanor and determine if a field sobriety or breathalyzer test will need to be administered to read your blood alcohol content, or BAC.
Laws that Apply to OUI / DUI Checkpoints
There are a few laws that need to be followed even by local authorities to have drunk driving checkpoints be legal and valid.
The state of Massachusetts requires:
- DUI checkpoints must be clearly marked
- There must be a means to transport or hold suspected drunk drivers
- The checkpoint must offer an alternate route to avoid the stop
- A law enforcement supervisor must be present
It is also important to note that the state of Massachusetts has determined that DUI checkpoints are Constitutional and police officers are allowed to arrest those that they feel are driving under the influence of drugs or alcohol. If you feel that your rights were violated at a drunk driving stop, it is important that you contact a Western Massachusetts DUI attorney from The Law Offices of Joseph D. Bernard P.C. today and seek representation.
Call (413) 258-7371 for Defense You Can Trust
When you call on the Law Offices of Joseph D. Bernard P.C., you can rely on our dedication and aggressive approach to providing you with outstanding representation and favorable case results. You need to act quickly after an arrest though, as you only have a number of days before you may be facing long-term license suspension.
If you have questions or concerns regarding your particular situation and how working with a resourceful and highly experienced OUI lawyer in Western Massachusetts can help you, contact our firm today to schedule your case evaluation now! We deeply care about our clients and help them through every step of the process, whether they walk free or have to go through recovery programs. You can count on Attorney Joseph D. Bernard and our team to stand by your side.
Contact our firm today at (413) 258-7371 to set up a consultation.