Colorado DUI Security Checkpoints and Roadblocks

 

Years ago and even today, some people think with strong conviction that DUI security checkpoints and roadblocks are violating the rights of drivers and citizens under the Fourth Amendment to the Constitution because they are unwarranted searches and seizures. However, in 1990 in a lawsuit called Department of State Police vs. Sitz in Michigan, the US Supreme Court ruled that DUI security checkpoints are constitutional and legal because the number of lives and accidents that can be saved by catching drunk drivers and reducing drunk driving is more important than the intrusion drivers feel when they are investigated.

 

In Denver and other places in Colorado, DUI security checkpoints are often used to discourage people who drink and drive. If the police officer conducting the DUI security checkpoint feels that the driver is influenced by alcohol because he or she has the smell of alcohol on their breath or their speech is slurred or their reaction time is slow, they will be asked to step out of the vehicle to perform field sobriety tests. But every DUI security checkpoint is considered lawful and legal only when they are following the strict criteria set by the state and in case of Colorado, set by the Colorado Department of Transportation (CDOT). According to the CDOT, the objective of Colorado DUI security checkpoints is “to maximize the deterrent effect and increase the perception of ‘risk of apprehension’ to motorists who would operate a vehicle while impaired by alcohol or other drugs.”

 

However the CDOT has also set up a procedural guideline for all counties in Colorado with regards to security checkpoints that must be followed in order for the checkpoint to be legal. All the procedural guidelines must be set up before the checkpoint is conducted and should be part of the administrative order that authorizes the use of the DUI checkpoint. If the police officer in charge decides to change the procedure of the DUI checkpoint after it has been set up then it must be for a valid reason and the new change must also be legal under the laws of the State.

 

So what can you expect when you encounter a DUI security checkpoint in Denver, Colorado? Normally, the police are instructed by the CDOT to look for certain indicators as they ask the driver a few brief questions. These indicators include:

 

Another very important factor of the DUI security checkpoint in Denver, according to the CDOT is that only trained and experienced police officers should be allowed to conduct DUI checkpoints and investigate drivers. Also, the Standardized Field Sobriety Tests that drivers are required to perform must be according to the National Highway Traffic Safety Administration (NHTSA).

Many states like Colorado also mandate that all DUI checkpoints conducted by the law enforcement agency must provide drivers with alternative routes. This means that the location that is selected for the checkpoint should allow a U-turn or an alternative route for drivers who don’t wish to pass through the checkpoint. Avoiding the checkpoint in such a way is normally allowed and legal and does not provide cause for the police to harass or arrest the driver.

 

A number of online sources including the Roadblock Registry provide the latest and up-dated locations for DUI security checkpoints and roadblocks in all counties of Colorado as well other states of the country. All drivers must be completely aware of the procedures of DUI security checkpoints as well as what they should expect when they are stopped. This is because a number of drivers tend to get nervous and anxious before the investigation if they don’t know what to expect and that can arouse suspicion for the police for further investigation. Knowing the details of the DUI security checkpoint is also important so that if the driver feels for any reason that any part of the checkpoint was unlawful then they can and must get in touch with a DUI attorney who will help them fight their case.

 

• Alcohol containers
• Bloodshot eyes
• Fumbling fingers
• Slurred speech
• Drug paraphernalia
• Smell of drugs or alcohol