OUI checkpoints are police-operated stops that allow officers to check people coming through a certain point for intoxication. Unfortunately, the tests they use can be fickle and deliver questionable results.
Even sober drivers can fail, potentially resulting in a false arrest. You might be able to fix this in court later, but that won’t stop you from spending a few nights in jail and hundreds of dollars to get out.
Can you just turn around ahead of time if you see an OUI checkpoint on Massachusetts roadways? Learn about your rights below.
Drivers Are Allowed To Leave
OUI checkpoints aren’t mandatory in the Commonwealth of Massachusetts. Citizens have as much right to avoid a checkpoint as law enforcement has to set one up. This means you can legally turn around or otherwise leave the area if you see a checkpoint up ahead.
Here are some helpful driving tips for staying off police radar at an OUI checkpoint:
- Mind the traffic signs. Pay attention to signs prohibiting left-hand turns, U-turns, and other situational traffic maneuvers and avoid engaging in those activities.
- Turn around at your earliest possible convenience. Don’t try to wait until you are super close to the checkpoint to get out of the line of vehicles – it looks suspicious.
- Consider other reasons you might be turning around. Did you forget your cell phone or keys at home? If you’re pulled over, be prepared to give officers a real reason why you need to go in the other direction. Or better yet, say nothing at all to the police unless it’s to ask for an attorney if you’re arrested.
When Should You Get Legal Assistance?
OUI charges are serious in Massachusetts and carry severe penalties. If you were arrested for driving under the influence of drugs or alcohol at a checkpoint, don’t hesitate to reach out for legal assistance.
Thomas Kokonowski, Esq. is a veteran Cape Cod criminal defense attorney with specific experience in checkpoint OUI cases. Call now for a consultation at 774-561-2689.
