DUI or OUI checkpoints have become commonplace across the nation. In Maine, DUI checkpoints need to meet the following criteria:
1st - Advanced notice must be published online or in a local newspaper. Oftentimes, we see Maine law enforcement agencies publishing the location and time/place of the DUI roadblocks on their websites.
2nd - The roadblock must be marked as a DUI roadblock and warning signs should be posted in advance of the roadblock, giving drivers ample notice and opportunity to turn around and avoid the roadblock if they so choose.
3rd - There must be some sort of written standard operating procedures (SOP) or objective criteria from which the roadblock is run. These include the number of vehicles to be stopped (IE, every vehicle, every other vehicle, vehicles with an even number on the plate, etc), the number of officers on the site, where suspected drunk drivers will be directed to pull over, where field sobriety tests are to be performed, etc.
4th - There can be no opportunity for subjective assessment of who to question/stop and who to let pass. The purpose is to ensure that the roadblocks are run in a manner that is as unobtrusive as possible and ensures that no racial/gender profiling occurs.
These are just some of the roadblock issues we examine when we take a Maine OUI roadblock case. Roadblock cases are fraught with issues that most people are blissfully unaware of so make sure you do your research and get the right attorney involved in your defense.