Boston Criminal Defense Lawyer Blog
If you’ve ever driven through a DUI checkpoint, you know how unsettling it can be — even for sober drivers. Flashing lights, uniformed officers, and the uncertainty of what’s expected can cause confusion and anxiety. While DUI checkpoints are designed to deter impaired driving, it’s critical for every Massachusetts driver to understand their rights and obligations during these encounters.
As a Massachusetts criminal defense attorney, I regularly represent individuals charged with OUI (Operating Under the Influence) and other driving offenses. Many of my clients are good people who simply didn’t know what they were legally required to do — and more importantly, what they were not required to do — during a DUI checkpoint. Here’s what every driver in the Commonwealth should know:
1. DUI Checkpoints Are Legal — But Only If Properly Conducted
The U.S. Supreme Court has upheld the constitutionality of sobriety checkpoints, but only under strict conditions. In Massachusetts, law enforcement must follow guidelines intended to minimize intrusion and prevent arbitrary enforcement. This includes:
- Publicizing the checkpoint in advance
- Using a neutral method (e.g., stopping every third car) to determine which vehicles are checked
- Keeping stops brief and non-coercive unless there is evidence of intoxication
If police fail to follow these procedures, the legality of the stop — and any resulting arrest — can be challenged in court.
2. You Must Provide Identification — But You Can Remain Silent
When stopped at a checkpoint, you are required to produce your driver’s license, registration, and proof of insurance. However, beyond that, you are not required to answer questions about where you’ve been, whether you’ve been drinking, or where you’re headed. You have a constitutional right to remain silent.
Many people, eager to be cooperative, end up making statements that are later used against them. It’s perfectly acceptable to politely decline to answer further questions until you’ve spoken with a lawyer.
3. You Can Refuse Field Sobriety Tests
Field sobriety tests — such as walking in a straight line or balancing on one leg — are not mandatory in Massachusetts. These tests are subjective and can be affected by factors like age, medical conditions, weather, or nerves. You have the right to refuse to perform these tests without facing any direct legal penalty for that refusal.
However, officers may still arrest you if they believe they have probable cause based on other observations, such as bloodshot eyes, slurred speech, or the odor of alcohol. Even so, declining field tests can make it more difficult for the Commonwealth to build a case against you.
4. You Can Refuse a Breath Test — But It Comes With Penalties
Massachusetts has what’s known as an “implied consent” law. This means that by operating a motor vehicle on public roads, you are deemed to have consented to a chemical test (breath, blood, or urine) if lawfully arrested for OUI.
While you can refuse a breathalyzer at the police station (note: this is different from the roadside portable breath test, which is also optional and inadmissible in court), refusing the test comes with automatic and significant consequences.
Under Mass. Gen. Laws ch. 90, § 24(1)(f)(1):
- Your license will be suspended for 180 days for a first offense
- If you have a prior OUI conviction or have previously refused a chemical test, the suspension increases dramatically (up to 3+ years)
- These suspensions are administrative and immediate, and separate from any criminal prosecution
You are not eligible for a hardship license during the suspension period — even for work or medical care. However, one key advantage: your refusal cannot be used against you at trial in Massachusetts, unlike in many other states.
5. You Do Not Have to Consent to a Vehicle Search
Unless police have probable cause to believe your car contains evidence of a crime (like visible alcohol containers or the smell of marijuana), they cannot search your vehicle without your consent. You have the right to say no.
6. You Can Legally Avoid a Checkpoint
You may legally avoid a checkpoint if you see one ahead — provided you follow all traffic laws in doing so. Making an illegal U-turn or driving erratically may give officers separate cause to stop you.
7. If Arrested, Ask for a Lawyer Immediately
If you’re arrested, clearly and calmly ask for an attorney and invoke your right to remain silent. Do not explain, justify, or answer questions until you’ve spoken with a lawyer. Anything you say can — and likely will — be used against you in court.
Final Thoughts
DUI checkpoints are a fact of life in Massachusetts, especially on weekends and holidays. Police are permitted to conduct these stops, but only under constitutional limits — and you retain the right to remain silent, to refuse field sobriety tests, and to decline vehicle searches.
However, refusing a breath test carries serious and automatic license suspension penalties. The decision to refuse should be made with a full understanding of the consequences. If you’ve already refused or been charged with OUI, it’s critical to get sound legal advice immediately.
If you have questions about your rights or need legal help with an OUI charge in Massachusetts, call the Law Office of Patrick J. Murphy today for a confidential consultation at 617-367-0450.