As a result of the landmark Michigan Department of State Police v. Sitz 110 S.Ct. 2481 (1990) case, a state’s police department is allowed to establish DUI checkpoints and roadblocks to monitor drivers passing through previous “problem areas” where accidents have occurred. Although future cases outline clear restrictions that force state police to designate a specific checkpoint area in advance, drivers still must comply with the standard 25 second police officer greeting that comes with each pull-over.
According to Massachusetts OUI lawyer Attorney John B. Seed, the purpose of these checkpoints is to ascertain any signs of drunkenness, inspecting for:
- Bloodshot or glassy eyes
- Open alcoholic containers
- Odor of alcohol on the breath
- Any other hints of intoxication
These checkpoints should not deviate from a standard 24 second greeting. In addition, DUI checkpoints should always be conducted in strict accordance to the established laws. If not, drivers have the right to invoke and exercise their Miranda rights and wait for a lawyer to be present for all questioning.
If you have been arrested at an OUI roadblock, call expert DUI lawyer Attorney John B. Seed to argue your defense on your behalf. To learn more about what to do if you are arrested at Massachusetts Sobriety Checkpoint or for free legal consultation, callAttorney John B. Seed at (508) 817-3194.