Massachusetts DUI Defense Attorney
The Massachusetts Supreme Court has decided that sobriety checkpoints are legal. However, law enforcement must follow strict rules of procedure 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 defense attorney at the DUI Defense Group immediately to review your case and determine whether your rights were violated at the checkpoint.
Call the DUI Defense Group today at 800-82-DEFENSE (800-823-3336). Learn about our 18-step strategy. Free initial consultation.
Field Sobriety Test Scenario
For example, an individual stopped at a checkpoint will be asked to perform several field sobriety tests to help the officer determine whether the individual is intoxicated. It is not a crime to consume 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, he or she will pull you over and ask you to perform several of these field sobriety tests.
Potential Police Errors in Administering a Field Sobriety Test
If the officer considers you intoxicated, you will then be given a Breathalyzer test. If you register at .08 percent 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 many cases. An individual could fail a field sobriety test for many reasons, including medical conditions, fear, an incorrectly administered test, language problems, age, confusion and more.
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-OUI at a sobriety checkpoint, it is crucial that you contact a DUI defense attorney immediately to start defending yourself.
Call a Massachusetts Defense Lawyer
When it comes to litigating sobriety checkpoint cases, our attorneys vigorously and tirelessly fight for clients, both in District Court and at the Registry of Motor Vehicles (RMV). Call 800-82-DEFENSE (800-823-3336) for a free case evaluation or contact us online. Our lawyers handle drunk driving cases throughout New England and beyond.