Articles Posted in OUI/DUI Roadblocks or Sobriety Checkpoint

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Massachusetts law permits police officers to conduct OUI/DUI roadblocks, or what is legally kndui-checkpoint-300x185own as “field sobriety checkpoints.” For OUI/DUI roadblocks to be constitutionally valid, the selection of vehicles to be stopped must not be arbitrary; safety must be assured; motorists’ inconvenience must be minimized; and assurance must be given that the procedure to be conducted is pursuant to a plan. The police do not have discretion to target which vehicles stop.

The issue in a recent case, however, centered upon whether the deviations from the written operational plan of an OUI/DUI roadblock conducted by the Massachusetts State Police rendered this particular “field sobriety checkpoint” unconstitutional. Continue reading →