Can I Refuse to Do Roadside Testing in Maine?

If you are stopped on suspicion of operating under the influence in Maine, you may be asked to perform roadside tests. Clients often ask me afterward, “Did I have to do that?”
The answer is clear: yes, you can refuse—and you should always refuse roadside testing.

What Counts as Roadside Testing?

Roadside testing usually includes field sobriety tests, such as the walk-and-turn, one-leg stand, and eye tests, as well as the handheld breath test sometimes offered before an arrest. These tests are designed to gather evidence against you—not to help you.

They are not required by law.

Field sobriety tests are voluntary. The roadside breath test offered before arrest is also voluntary. You are legally allowed to decline all of them.

Why You Should Always Say No

Field sobriety tests are subjective and often unreliable. They are performed on uneven pavement, in poor lighting, while you are nervous, tired, injured, or simply human. Even sober people routinely “fail” these tests. Officers are trained to look for clues of impairment, and the tests are structured to generate those clues.

Importantly, there is no upside to cooperating. Passing roadside tests does not guarantee you will be released. Failing them virtually guarantees the tests will be used against you in court.

Politely refusing protects you from creating evidence that will later be described—often unfairly—in a police report.

What Refusal Does Not Mean

Refusing roadside testing does not mean you are refusing a chemical test. This is a critical distinction.

In Maine, after an arrest for OUI, the implied consent law applies. Refusing an evidentiary breath or blood test at the station carries serious consequences, including license suspension and potential criminal penalties. That is a separate decision that should be made with a clear understanding of the risks.

But on the roadside, before arrest, you are within your rights to say:
“I do not wish to perform any roadside tests.”

Be calm. Be respectful. Do not argue.

Why This Matters for Your Case

Many OUI cases hinge on roadside testing. When those tests are refused, the State's evidence is often weaker, and the defense has far more room to challenge probable cause and the arrest itself.

Charged With OUI or Facing an Investigation?

If you refused—or performed—roadside testing, it is critical to have the stop reviewed by an experienced defense attorney. William H. Ashe represents clients throughout Maine and aggressively defends OUI cases from the very first stop.

📞 Call Attorney William H. Ashe today to protect your rights and your license.