Steps of a Maine OUI Arrest
If you are ever stopped by the police in Maine, for any reason, you should always be cooperative and courteous. The officer must tell you the reason for the stop and it must be a traffic violation that breaks Maine law. The officer will be looking at you and watching your movements. If you turn your interior light on after being stopped and do not make any sudden or awkward movements and make sure the police officer can clearly see what you are doing.
Pulling a person over solely on the basis of suspecting a DUI without any reasonable articulable suspicion of impaired operation is illegal in Maine if no traffic laws have been broken. Swerving within the lines of a road is legal, for example, and may have been caused by several different factors that are overlooked by police. If you have made a traffic violation, the police officer should tell you why they stopped you and ask for your license and any registration and proof of insurance. If the police suspect you have been drinking and driving they will typically ask if you have been drinking.
You don’t have to answer them and you can ask to be questioned with an attorney present at this point, but in Maine you do not have the right to a lawyer until testing is done. If you do answer them, or tell them you haven’t had anything to drink, and they still suspect you of driving under the influence, they will ask you to perform some field sobriety tests. These tests consists of three different parts including the horizontal gaze nystagmus test (following a pencil with your eyes), the one leg stand, and the walk and turn test. The officer must administer each test by the book and may not deviate from his training guidelines under any circumstances. You do not have to take these tests; they are voluntary. With respect to a preliminary breath test given at roadside (PBT), do NOT agree to a test of your breath at the scene by a PBT under any circumstances.
Generally, the following will occur when you are pulled over for suspicion of DUI:
- You provide the officer your license, registration and insurance.
- The Officer will ask if you had anything to drink.
- The Officer will ask you to perform field sobriety tests.
- You may be asked to take the hand-held breath test, or PBT, at the scene.
- If you are arrested, you will be brought to the police station or jail where you will be advised of the Maine implied consent laws and be given a breath test.
- Once arrested you are charged with a crime and taken to jail.
Under Maine law, you MUST submit to a chemical test administered by an officer and at his choice:
One of the best defenses to an OUI in court is due to an officer who failed to perform the field sobriety tests and/or chemical test in the correct manner. Physical conditions in the area where the testing is being done can impact the manner of testing, for example. Conditions such as weather, level of light in the area, nearness to traffic or road hazards, and restrictive clothing are all common reasons why field sobriety testing results have been called into question.
Many people can legally, and politely, refuse to take the field sobriety tests completely. Many people also refuse blood or breath tests as well, but do so at their peril as this proves to be a double edged sword later in the process. In Maine, if a person refuses to submit to a chemical test of the officer’s choice, a fact finder (judge or jury) can infer that the person was impaired from the fact that he refused to submit to the test. Keep in mind that you are legally obligated to submit to a chemical test in Maine, regardless of whether you hold a Maine driver’s license or an out of state license.
