Maybe you had a few dinks while spending the evening out with friends. Before you get in the car to drive home, you might wonder, what can an officer pull me over for when looking for an OUI? This is a great question. The short answer to the question (what can an officer pull me over for when looking for OUI) is that in addition to the fact that an officer can pull you if they have reasonable articulable suspicion that you are in violation of a law or ordinance, when on the lookout for OUI, the police officer also is likely to be looking for “signs of impairment.”
What are Signs of Impairment?”
Signs of Impairment are certain ways you operate your motor vehicle that suggest you might be impaired. A police officer will watch the way you drive your car to identify any specially recognized “signs of impairment.” While the National Highway Transportation Safety Administration (NHTSA) recognizes 26 “signs of impairment”, a few examples include:
- Driving too slow/ under the speed limit
- Swerving between the lines of the road
- Crossing over into the oncoming lane
- Making turns that are either too wide or too short
- Stopping too short/ too late of a stop sign or stop light
If the officer observes any signs of impairment in the way you are driving your car, the officer will pull you over to see if you show any physical signs of impairment, including but not limited to:
- Glossy, bloodshot eyes
- Smell of alcohol on your breath
- Reduced hand-to-eye coordination
- Difficulty focusing on intructions
Impairment is Essential to an OUI Charge in Maine
An essential element of an OUI charge in Maine is you were driving a car or other motor vehicle while impaired by an intoxicant, such as:
- alcohol,
- illegal drugs,
- prescription drugs
- a combination of the above
In Maine, you are considered to be “impaired” legally with a blood alcohol level of 0.08 grams or more of alcohol per 210 liters of breath.
Can Signs of Impairment be caused by something other than an intoxicant?
If the police officer finds signs of impairment, this may be sufficient “probable cause” for the officer to conduct a more detailed search, such as asking you to perform standardized field sobriety tests. However, “signs of impairment” alone are not by themselves “proof” of impairment. In fact, “signs of impairment” can be caused by factors other than alcohol and/or drugs:
- A significantly fatigued driver
- A driver looking for a ringing cell phone
- A driver distracted by something on the side of the road
- A driver who afflicted by a medication condition
Our committed legal team is determined to take immediate action to seek a positive outcome for your case. If you or someone you know is charged with OUI in Maine, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed the answer to the question (What can an officer pull me over for looking for OUI?), you may also want to read:
- Found Not Guilty: An OUI Case Study
- First Offense OUI
- Second Offense OUI
- Commercial Driver’s License OUI
- Third Offense OUI
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