Sobriety Checkpoints Coming to Lewiston, Maine: Know Your Rights

Many police departments across Maine have implemented alcohol checkpoints, which are roadblocks that police set up to check that drivers are sober behind the wheel in order to keep the roads safe from people who may be driving under the influence. For those who haven’t been drinking, this can not only be an inconvenience, but it can also put them in an uncomfortable position.

The Lewiston Police Department recently announced that it will be conducting alcohol checks in the coming days and weeks. Police departments in Maine are required to notify the public when they plan to set up these checkpoints. Here are some things you should know about alcohol checks (OUI) in Maine.

Despite what you may have heard, alcohol testing is legal in Maine

According to the Webb law firm in Portland and Saco, in most cases, police must have reasonable and individual suspicion to stop you while driving. But in 1990, the Supreme Court ruled that these checkpoints are an exception to the reasonable suspicion law. Some lawyers believe the law is unconstitutional.

However, police officers do not automatically have the right to ask you to stop for a breathalyzer test to question you further, search your vehicle or administer a breathalyzer test.

Police departments must inform the public about planned alcohol controls

Lewiston police announced on Facebook that they would be conducting alcohol checks in the coming days and weeks, but did not specify a time or location. The Web Law Firm points out that the Supreme Court considers unannounced searches at police checkpoints to be major intrusions that make drivers more uncomfortable. I think we can all agree on that.

You can turn around when you come to a breathalyzer checkpoint

This is something many people don’t know. If you come to a checkpoint and don’t want to wait in line, you are allowed to turn around and go in a different direction to avoid it. However, the Webb Law Firm warns drivers that turning around is a traffic violation. Make sure what you’re doing is completely legal. Signal, turn slowly, and don’t speed away.

You don’t have to tell the police officers anything

If a police officer comes to your window at a alcohol checkpoint and asks you questions like, “Have you had anything to drink tonight?” or “Where are you going?” you are not legally required to answer those questions, but you should be prepared to provide any required documents, such as your driver’s license, registration, and proof of insurance.

Now that you know your rights at alcohol checkpoints, it’s up to you to decide whether or not to use one of them. If you’re not under the influence of alcohol, you have nothing to fear. But it’s good to know that in many situations, you have the right to decide what you want to tell the police.