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What is implied consent and refusing a breathalyzer in Maine?

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Implied Consent to Chemical Tests in Maine

If you are stopped by police for a traffic violation or during a sobriety checkpoint, they will look for signs of intoxication.

Anything from the way you are acting to the smell of your breath can be considered an indication that you might be driving drunk. If they do suspect you have been drinking, the officers will likely ask you to take a field sobriety test.

These tests, such as standing on one leg or walking a straight line, are purely voluntary and can be declined without penalty. The results of field sobriety tests can be used against you in court as evidence to your DUI, but you are free to decline taking them without consequence.

The next test you will likely be asked to take is a breathalyzer test. This is a chemical sobriety test that measures the amount of alcohol content in your breath.

It is a good way for police to estimate how much, if any, you have had to drink. If you are suspected to be intoxicated by drugs, you will be taken to the police station to provide a urine or blood sample.

The only test you should take is a chemical blood, breath or urine test that is covered under implied consent laws. After you are arrested, you will be taken back to the police station.

There, if you have not already provided a breath sample, you will be asked to take a state-administered chemical alcohol level or drug test. This test can be done by taking a blood or urine sample. In some cases, you may be asked to take one of these tests in addition to the breath test as a breath test does not measure drug intoxication.

Any sobriety test that you take can and will be used against you in court. The fewer tests that you take, the less evidence you are giving the prosecution. That is generally why people choose to decline to take them.

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