Maine DUI Checkpoints

 

This year law enforcement officers in Maine, along with 39 other states, will continue to use DUI checkpoints as a part of their attempt to curb drunk driving in the state. These checkpoints occur year-round, though they tend to increase around the holiday season. Typically, checkpoint locations are set up late at night or in the early hours of the morning on weekends. Targeted areas might include locations close to large sporting events where they serve alcohol, stretches of road where a high number of alcohol-related accidents and arrests have occurred, or neighborhoods surrounding numerous alcohol-serving establishments.

 

By using these checkpoints, law enforcement officials believe that they can both remove people for the roadways who are driving under the influence of alcohol or drugs and prevent people from doing it in the first place by raising awareness about the issue and making them think there is a higher chance of getting caught.

 

Maine DUI Checkpoints Are Legal?

 

As mentioned above, Maine is one of 39 states in the U.S. that participate in DUI checkpoints. The state bases the legality of this action on the 1990 Michigan v. Sitz case. In this case, the U.S. Supreme Court found that since the sole purpose of DUI checkpoints was to detect DUI, they should not be considered an illegal search and seizure under the Fourth Amendment because this was something done in the public interest.

 

This isn’t a ruling that has gone over well with many legal experts, who believe that the court’s decision was incorrect. And even if the legality of DUI checkpoints is protected, based on the court’s strict interpretation, most states don’t operate legal checkpoints in practice. This is because it is common practice for law officers to cite violations unrelated to DUI, even though the Supreme Court only upheld the legality of the checkpoints when the “sole purpose” was to detect DUI. So why even use DUI checkpoints to cite drivers for things like defective tail lights and tinted windows? Money. Many of these unrelated violations have attached fees, which allows local governments to profit off of citations.

 

Even apart from whether or not DUI checkpoints should be considered legal is the question of how effective they actually are. Statistics have shown for years that DUI checkpoints are not nearly as good at finding and arresting drivers who have been drinking as roaming patrols are.

 

However, Maine currently still considers DUI checkpoints legal, so if you are stopped at one, you have better obey the rules or risk punishment.

 

If You Are Stopped at a Maine DUI Checkpoint

 

Once it is your turn, come to a complete stop and roll your window down partway so that you can speak to the officer. It’s recommended that you only roll it down part of the way because this will limit the ability of the officer to stick his head in and attempt to detect the smell of alcohol, but will still allow you to speak comfortably with him or her. They will likely ask for your name, address, license, and registration, so it’s best to have this information ready to provide to them. Make sure you keep your hands visible and avoid making any sudden movements that could “spook” the officer, and – as with any police encounter – remain calm, polite, and respectful.

 

Respectful, however, does not mean that you have to do whatever the police say and tell them whatever they want to know. In fact, after you provide them with your personal information, you are not required to answer any questions at all, and should refuse to do so – politely, of course. Even though it may seem rude, it’s better to answer no questions than to start answering and stop in the middle, because this can seem more suspicious to the officer. Simply decline to answer, and if the officer persists, say that you want to speak to a lawyer before responding to anything.

 

It’s possible that you might be asked to take a field sobriety test, which involves a series of balance and coordination exercises. You shouldn’t take this test. It is not required by law, and if the officer is asking you to take it, chances are he or she has already decided to arrest you. Taking it will only give them more evidence to use against you.

 

If You Are Arrested at a Maine DUI Checkpoint

 

If they haven’t asked you to do so beforehand, you will almost certainly be asked to take a BAC test – typically blood or breath – to determine your blood alcohol level. Don’t worry if you fail the test. These types of tests make errors all the time due to things like the machine being poorly calibrated, improper usage, and differences in your body’s physiology. An experienced Maine DUI lawyer will know how to argue against BAC test results and can attempt to get them thrown out by the judge.

 

Contact an experienced Maine DUI attorney today to go over your options and start planning a defense for your Maine DUI charge.