Q: Do I have to submit to a breathalyzer at a DUI checkpoint?

A: Law enforcement needs probable cause to believe you are impaired in order to ask you to submit to a breath test. Portable breath test results are not admissible in Maine to establish a breath alcohol measurement. Only Intoxilyzer test results from a properly conducted test, and State approved machine, can be admitted in Court as evidence of a breath alcohol measurement.

A: At a DUI checkpoint, you are not automatically required to submit to a breathalyzer test unless the officer has a legal basis to suspect that you are under the influence. The law allows officers to briefly stop drivers and ask basic questions, but a breath test generally cannot be forced without probable cause—such as the smell of alcohol, slurred speech, bloodshot eyes, or admission of drinking. Passive alcohol sensors may be used near your window, but active testing typically requires your cooperation or probable cause.

If an officer believes there is enough reason to suspect you are impaired, they can then ask you to perform field sobriety tests or take a preliminary breath test. You can refuse the roadside breath test in many states without automatic penalty, but refusing a chemical test (such as the breathalyzer at the police station after arrest) can trigger consequences under implied consent laws—like license suspension. The key difference is whether the test is being asked before or after arrest and whether the officer had a legal basis to suspect impairment.

If you refused a checkpoint breath test without being under arrest or without signs of intoxication, that alone is usually not enough to penalize you. However, once arrested, refusal becomes a much more serious matter. Protect yourself by staying calm, asking whether you're being detained or free to go, and remembering that your rights do not vanish just because you're at a checkpoint. Every interaction matters, and your decisions can shape how your case unfolds.