Lewiston, Maine Police Will Conduct a Sobriety Checkpoint Soon – Do You Have to Stop?

Many police departments throughout Maine conduct sobriety checkpoints. They set up roadblocks as a way to check drivers to make sure they are not Operating Under the Influence. We call it an OUI in Maine, but it seems like every state has its own version, such as DUI, OWI, and a host of others.

For those drivers who have not been drinking, this can not only be an inconvenience but can also put them in an uncomfortable position. Here are some things you should know about sobriety (OUI) checkpoints in Maine.

Despite What You May Have Heard, Sobriety Checkpoints Are Legal in Maine

According to Webb Law Firm in Portland and Saco, in most cases, police must have reasonable and individual suspicion to pull you over while you are driving. However, in 1990, the Supreme Court ruled that these checkpoints are an exception to the law of reasonable suspicion. Some lawyers feel that the law is unconstitutional.

That said, law enforcement officers do not automatically have the right to ask you to pull over at a sobriety checkpoint for more questioning, search your vehicle, or take a field sobriety test.

Police Departments Must Notify The Public About a Planned Sobriety Checkpoint

The Lewiston Police Department announced on Facebook on September 3 that they would be conducting a sobriety checkpoint in the coming weeks. Webb Law Firm also notes that the Supreme Court finds that unannounced police checkpoint searches are more intrusive and inflict more discomfort on drivers. Something I think we can all agree on.

You Can Turn Around If You Come to a Sobriety Checkpoint

This is something that many people do not know. If you come to a checkpoint and don't want to wait in a line, you are allowed to turn around and go in another direction to avoid it. Webb Law Firm, however, warns drivers not to commit a traffic offense while turning around. Signal, turn slowly, and don't speed away.

You Don't Have To Say Anything To Law Enforcement Officers

When a law enforcement officer comes to your window at a sobriety checkpoint and asks you questions, like "Have you had anything to drink tonight?" or "Where are you headed?" you legally do not have to answer these questions. What you should be prepared to do is provide any documents they require, such as your license, registration, and proof of insurance.