Boston DUI Defense Attorney

Sobriety Checkpoints

It has been decided by the Massachusetts Supreme Court that Sobriety Checkpoints are legal.  However, there are strict rules of procedure that must be used by law enforcement in these DUI police round-ups.  If you have been pulled over and failed the breathalyzer test at a sobriety checkpoint, it is crucial that you contact a Boston DUI Defense Attorney immediately to review your case and determine whether your rights have been violated at the checkpoint.  For example, most often at these checkpoints, the individual will be asked to perform several "field sobriety tests" to assist the officer in determining whether the individual is intoxicated.  It is not a crime to have consumed alcohol and drive - it is crime to be intoxicated at the wheel.  The officer will ordinarily ask if you have been drinking alcohol, and if you have, they will pull you over and get you to perform several of these field sobriety tests.

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If the officer considers that you are intoxicated, you will then be given a breathalyzer test.  If you register at .08% or above, you will be arrested and charged with a DUI offense.  However, it is crucial to understand that there are many possible errors in this procedure.  Field sobriety tests are administered incorrectly in a large number of cases.  There are many reasons why an individual could fail a field sobriety test including medical condition, fear, incorrectly administered test, language problems, age, confusion and more.  As these tests are the basis for determining if you are intoxicated, when they are proven to have been incorrectly administered, it can result in a dismissal of the charges against you. 

You do not legally have to submit to a field sobriety test, although refusing the breathalyzer test usually results in a penalty equal to the DUI charge, and there is no benefit to you to refuse the breathalyzer test.  If you have been arrested and charged with a DUI or OUI at a Sobriety Checkpoint, it is crucial that you contact a Boston DUI Defense Attorney immediately to initiate your defense.

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When it comes to litigating sobriety checkpoint cases, our attorneys vigorously and tirelessly fight for clients, both in the District Court and at the Registry of Motor Vehicles (RMV). Our motto of "All Cases, All Hours, All Courts" explains our determination, drive, and accountability in obtaining the best possible result for our clients.  Learn more about Massachusetts DUI laws in our FAQ Section, and then call (888) 684-2773 for a FREE Case Evaluation or contact us online.