According to The Salem News, police officers set up traffic cones to move all traffic into one lane, and stopped every car that crossed the Beverly-Salem bridge during the roadblock. They chose this location because it precludes escape -- in other locations, some drivers make U-turns to avoid checkpoints. Police tapped on each driver's window with their flashlights to get them to roll down their window, spoke with the driver while shining their flashlights into the car, and looked for signs of intoxication like bloodshot eyes, slurred speech, the smell of alcohol or open containers of alcohol. Fourteen drivers were selected for field sobriety tests, after which some drivers were detained in the BAT mobile.

As a Massachusetts OUI attorney, I strongly urge those who are arrested at sobriety checkpoint roadblocks to seek legal counsel. The Massachusetts Supreme Judicial Court and the U.S. Supreme Court have established strict criteria for roadblocks, and an experienced Massachusetts DUI lawyer can challenge the prosecution to prove that the roadblock was conducted according to constitutional standards. Even if the roadblock was done correctly, a Boston OUI lawyer may be able to get the Breathalyzer test results excluded or attack the reliability of the results.

Most of the arrests were for first OUI offenses. But one 49-year-old Stoughton man was arrested on a second and more serious drunk driving charge. Around 2 a.m. on Feb. 20, a Stoughton police officer spotted a vehicle speeding on Central Street. He also heard a loud noise and realized that both passenger-side tires had blown out, causing them to smoke as the vehicle moved. When the officer stopped this driver, he found an open container of an unspecified type of alcohol. Richard Eugene Tweedy was charged with having an open container in a motor vehicle, as well as with a second-offense OUI. He was arraigned in Stoughton District Court and will have to return to court in April.

The help of an experienced Massachusetts OUI lawyer is crucial in a case like this, because the penalties for a second OUI are more severe than for a first offense. With a conviction for a second-offense OUI, drivers face mandatory 30-day jail sentences. They lose their licenses for two years -- not just one -- and must wait 18 months rather than three before they're eligible for a hardship license that lets them get to work or school. If they do get the hardship licenses, they must install ignition interlock devices, at their own expense, in their vehicles for two years. They also are required to go to alcohol or drug treatment and, at the judge's discretion, can even serve up to two and a half years of jail time. There are exceptions, but by far the best way to avoid these harsh second-OUI penalties is to avoid having a first OUI to begin with. That's why you should hire an Massachusetts OUI defense attorney to handle any first charge, before it can set you up for harsh, avoidable penalties down the road.

Texting while driving has been recognized as an increasingly serious problem on the roads. As the New York Times reported last summer, the Virginia Tech Transportation Institute (VTTI) researched the issue and found the risk of crashing twenty-three times higher than it would be for a driver who is not distracted. VTTI Director Dr. Tom Dingus commented on the drastically increased crash risk for texters: "You should never do this. It should be illegal." Texting takes drivers' eyes and concentration away from the task of driving for much longer than other distractions like changing a radio station. According to Dr. Rich Hanowski, Director of the Center for Truck and Bus Safety at VTTI, "texting is in its own universe of risk." Further study is underway, but the message is clear.

Even more interestingly for Massachusetts OUI criminal defense attorneys like me, some research shows that texting while driving may actually be more dangerous than driving drunk. Scientists at the University of Utah found that texting leaves drivers twice as impaired as drivers with a blood-alcohol concentration of 0.08 or higher. The lead researcher, David Strayer, concluded that you're more likely to be hit by a texter than a drunk driver. However, as of May 2009, Utah is the only state that treats texting drivers as harshly as drunk drivers who cause deaths, with up to 15 years in prison. In many other states, the practice is still completely legal, or legal for drivers over 21, while drivers who blow a 0.08 or higher face mandatory license suspensions and jail time.

Anyone stopped and charged with Massachusetts OUI at a law-enforcement roadblock or so-called "sobriety checkpoint," should contact a Quincy, Massachusetts defense lawyer to discuss their rights.

Such roadblocks must follow strict rules and many times evidence can be successfully challenged by a Boston criminal defense attorney experienced in fighting Massachusetts drunk driving charges. Such roadblocks are subject to abuse; even the mere fact that law enforcement is specifically targeting suspected drunk drivers can mean they are predisposed to file OUI charges.

As we reported recently on Massachusetts DUI Attorney blog, in a post regarding the apparent increase in DUI among young women, about one-third of fatal Massachusetts car accidents (124 or 363) involved a drunk driver in 2008.

ABC3 in Palm Springs reported that more than 1,000 people will die in drunk driving crashes in California this year. Police in Palm Springs spent $100,000 conducting eight DUI checkpoints last year. This year, they plan to spend $236,000.

The American Beverage Institute contends it is an inefficient use of tax dollars. "There's a far less expensive more effective mean called roving patrols that puts police officers out on the streets looking for negligent drivers of all kinds, speeding or drunk," spokeswoman Sarah Longwell said.

In one recent checkpoint, the department staffed a roadblock with 12 officers for 5 hours; they checked 533 drivers and arrested just 4 for DUI.

Last year, the California Highway Patrol screened 100,377 drivers across California and made 458 DUI arrests -- or less than .4%.

The American Beverage Institute contends DUI checkpoints catch moderate responsible drinkers, not the heavily intoxicated ones.

"What we want is targeted enforcement, police officers on the streets looking for dangerous drivers of all kinds, not pulling police officers off the streets, putting them in one spot in the hopes that a drunk driver might wander through, that is not a good use of taxpayer dollars," Longwell said.

Michael DelSignore has offices conveniently located in Stoughton, Attleboro, New Bedford,and Westborough.

For a free consultation, 24 hours a day, including weekends and holidays, call 508-455-4755 or send an email.

Massachusetts law requires the devices for anyone with two or more OUI convictions; anyone charged with a First or Second Offense Massachusetts OUI should hire an experienced Massachusetts OUI Lawyer.

Ignition interlocks are just another example of the serious consequences a Massachusetts OUI conviction can have on your lifestyle and personal freedom. A Massachusetts OUI attorney can often fight for a reduction in charges or a not guilty verdict at trial, which can both reduce the penalty and the chances of the more serious consequences a future conviction can bring.

The bill, which would be one of the toughest in the country, now heads to the Virginia Senate.

"In polling that's been done I can say it has widespread support," said Mother's Against Drunk Driving spokesman Christopher Konschak. "On the Senate side, we've really never been able to get the bill to the full Senate because it gets killed in a smaller committee every time, and their concern is always its too harsh of a penalty for someone who has driven drunk one time."

Current Virginia law does not require interlocks for first-time offenders unless their blood-alcohol level was more than twice the legal limit. MADD's stated goal is to require interlock devices, which refuse to allow a vehicle to start for a driver when alcohol is detected, for all drunk driving offenders.

Other alcohol-related legislation in Virginia would institute harsher penalties for school bus drivers convicted of drunk driving, remove a mandate that an officer be present during a breathalyzer test and place limits on where families can permit an underage family member to consume alcohol.

Of particular concern from a legal-defense standpoint, is any law that would reduce the requirements and restrictions on administers of breathalyzer and field-sobriety tests. Defendants can often challenge the results of tests not administered properly or administered by an inexperienced operator.

Virginia is not alone in its tough stance against drunk drivers -- despite significant declines seen in alcohol-related traffic fatalities. Last year, the state posted the fewest alcohol-related traffic fatalities since 1996.

MADD also contends the devices would reduce other court-ordered but hard-to-enforce restrictions, such as driving privileges to and from work. If approved, the measure would require offenders to keep interlock devices on their cars for six months and pay a $65 monthly fee. Any positive tests for alcohol during the six months would start the six-month period over again.

The Law Offices of Michael DelSignore are conveniently located in Stoughton, Attleboro, New Bedford,and Westborough.

Many times drivers who face a Massachusetts OUI charge have never been in trouble with the law. In some cases they simply make a mistake and in other cases they can be unfairly targeted by law enforcement. Often an experienced Boston defense lawyer can successfully fight Massachusetts drunk driving charges for first-time offenders.

Unfortunately, many unfamiliar with the legal system underestimate the seriousness of a drunk driving charge and fail to consult a Boston defense attorney experienced in defending clients against Massachusetts drunk driving charges. Massachusetts drunk driving charges can result in jail time, fines, loss of your driver's license and can even impact your ability to hold certain jobs. Massachusetts drunk driving charges involving a car accident can be especially serious and should always be handled by an experienced DUI lawyer.

"Young women in particular turn to drugs and alcohol to cope and to feel like a part of the crowd or lose their inhibitions," said Laura Dean-Mooney, national president of Mothers Against Drunk Driving (MADD).

The study, based on data from the National Highway Traffic Safety Administration, found incidents of fatal crashes involving female drivers actually increased between1995 to 2007.

In 2008, one-third of all fatal Massachusetts car accidents (124 of 363) involved a drunk driver, accocrding to NHTSA.

The finding about the increase in drunk driving among women is published Feb. 18 in Injury Prevention.

During the 12 years examined, 179,891 fatal car accidents were recorded among drivers 16 to 24 years old. Accident rates declined slightly among young men. Accident rates increased for young women ages 19 to 24. Additionally, young women involved in fatal crashes were almost three times more likely to have alcohol in their system, researchers noted.

The Law Offices of Michael DelSignore are conveniently located in Stoughton, Attleboro, New Bedford,and Westborough.

Call for a free consultation, 24 hours a day, including weekends and holidays.