The Massachusetts State Police continue to step up its proactive assault on drunk drivers by purchasing its second BAT Mobile.  BAT stands for Breath Alcohol Testing and a BAT Mobile is essentially a mobile booking room where arrestees are offered a breath test and booked after being arrested for Operating Under the Influence.  While most people believe that the police have unlimited authority to stop a motorist at a roadblock, there are some constitutional limits as to the authority of the state police in conducting these activities.

Stopping an automobile while conducting a sobriety checkpoint is a “seizure” under the Fourth and Fourteenth Amendments to the United States Constitution and Article Fourteen of the Massachusetts Declaration of Rights.  For Massachusetts roadblocks to be permissible, the selection of motor vehicles to be stopped must not be arbitrary, safety must be assured, motorists inconvenience must be minimized and assurance must be given that the procedure is being conducted pursuant to a plan devised by law enforcement supervisory personnel.

Massachusetts courts have held that failure to strictly comply with the guidelines established by law will result in the supression of any evidence obtained as a result of the stop and likely dismissal of the case.  In a nutshell, an experienced Boston DUI lawyer should review any case involving a road block to ensure that the accused’s rights were not violated.  Once again, an arrest is not a conviction and as always, it is wise to consult with a Massachusetts criminal defense attorney to determine what defenses may be available in any particular case.