Several times a year in Massachusetts, the state police will institute what are commonly referred to as drunk driving roadblocks. These roadblocks are generally set up in such a fashion where every motor vehicle entering the roadblock will be stopped, unless traffic backs up to a certain point.
There is an initial officer who will approach the stopped vehicle, and who will greet the operator and look for signs of impairment. If no signs of impairment exist, then the driver will be sent on his or her way. If signs of impairment do exist, the operator will be sent into the pit area for further investigation as to whether or not he is under the influence of intoxicating liquor.
These roadblocks have been upheld by Mass. Appellate Courts as long as the police strictly follow the mandated procedures of the Colonel of the Mass. State Police. Much of the litigation around roadblock OUI arrests centers around whether or not the police specifically adhered to these mandated procedures or whether the officers on scene had discretion in what they were able to do.
With this in mind, if you or someone you know is arrested for OUI after entering such a roadblock, contact an OUI Lawyer with experience defending against these arrests. Make the call right away, don’t wait until it’s too late.