Odor of Alcohol in Mass. DUI Cases
Massachusetts Police Officers are allowed to conduct DUI roadblocks or checkpoints, where they stop vehicles and screen the drivers to see if they are operating under the influence of alcohol. Under established DUI checkpoint procedures, drivers are subjected to initial screening where a Massachusetts State Trooper or local police officer will make initial contact with the driver and decide whether further, more intrusive screening is warranted.
In the case of Commonwealth v. Bazinet, the Massachusetts Appeals Court ruled that odor of alcohol alone constitutes reasonable suspicion of the crime of operating under the influence of alcohol (OUI), and it allows police to detain a motorist at a DUI checkpoint to conduct further investigation and field sobriety testing.
Massachusetts DUI lawyers recognize that this case announces a very low standard which must be satisfied to request that a motorist perform DUI field sobriety tests, the results of which will likely determine whether or not the driver will be arrested for drunk driving. Indeed, many people who may exhibit an “odor of alcohol” are not legally intoxicated. Furthermore, in a car with multiple occupants, the alcohol odor may be coming from one of the passengers and not the driver. Nevertheless, the driver can be directed to a “secondary screening area,” where he or she will be questioned and likely asked to perform field sobriety tests.
