Sobriety Check Points Coming to Lewiston, Maine: Know Your Rights

Many police departments throughout Maine have conducted sobriety checkpoints. These are roadblocks that the police set up to check to see if drivers are sober behind the wheel, in an effort to keep the roads safe from those who may be driving under the influence. For those who have not been drinking, this can not only be an inconvenience but can also put them in an uncomfortable position.

The Lewiston Police Department recently announced that they will conduct sobriety checkpoints in the coming days and weeks. Police departments in Maine are required to notify the public when they plan to have these check points in place. 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. But in 1990, the Supreme Court ruled that these checkpoints are the 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 that they would be conducting sobriety checkpoints in the coming days and weeks, but did not give any times or locations. Web Law Firm notes that the Supreme Court regards unannounced police checkpoint searches to be more intrusive, inflicting more discomfort on drivers. That's 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 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. Make sure your move is completely legal. 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.

Now that you know your rights at sobriety checkpoints, it's up to you to decide if you want to invoke any of them or not. If you aren't operating under the influence, you have nothing to fear. But it's good to know that you have the right to choose what you want to share with the police in many situations.