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 In an effort to apprehend drunk drivers, the Massachusetts State Police periodically conduct DWI Roadblocks in Boston, Cambridge, and other areas throughout Massachusetts. Many officers are assigned to these roadblocks on overtime, which is funded by federal grant programs. The actions of the officers manning these DUI roadblocks is governed by State Police Policy & Procedure TPF-15, which states that upon stopping a motor vehicle at the roadblock, the stopping officer shall make a brief and courteous statement to the driver of the stopped vehicle, such as ‘Good Evening, this is a State Police Sobriety Checkpoint, we're checking all operators for sobriety. Sorry for the inconvenience. Good night.’
Under these written instructions, the initial screening officer is permitted simply to give the suggested greeting and is not allowed to make any inquiry regarding drinking; any such inquiry is to be conducted at the secondary screening, which under TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view), or information volunteered by the driver or passengers.
If the officer observes any articulable sign of intoxication or impairment or if the officer observes contraband, then the officer is instructed to direct the motorist to what is known as a secondary screening area. At Massachusetts DUI Roadlocks, the police are only allowed to single out a motorist for “secondary screening” for the following 4 reasons: (1) Any articulable sign that would lead the officer to suspect the driver may be under the influence of alcohol and or impairing substances, (2) any observation of a crime that would amount to a felony or narcotic law violation (3) any violation of an alcohol related crime or (4) any violation of a motor vehicle law committed in the officer’s presence.
Once an officer at a roadblock believes that a driver is intoxicated, the officer will attempt to administer field sobriety tests and, if the unlucky driver does not pass, the driver will be arrested. The Mass. State Police are equipped with on-scene breathalyzers, so the person arrested will be promptly offered a breathalyzer test. If the person refuses, his or her license will be immediately suspended for 6 months to lifetime. Evidence of a properly conducted test can be used as evidence of intoxication at the person’s DWI trial.
With the proper knowledge of what is legally allowed and not allowed at a Mass. DUI Roadblock or sobriety checkpoint, it is possible to successfully challenge a DWI arrest and get a not guilty verdict or dismissal. If you have been caught in the DWI dragnet, contact a Massachusetts DUI defender today. We may be able to help you get your license back and win your DUI case. Remember, if your license is suspended because of a chemical test refusal, you only have 15 days from the suspension to challenge the refusal.
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