DUI Checkpoints in Colorado

 

In Colorado, a DUI checkpoint (also known as a “sobriety checkpoint”) is a predetermined location where law enforcement officers stop vehicles in an attempt to discover anyone who is driving under the influence of drugs or alcohol. While law enforcement officials state that the purpose of these stops is to “educate” the public on Colorado’s DUI laws, obviously they are also meant as a deterrent to those who would otherwise drive intoxicated by increasing their fear of getting caught and arrested.

 

Most of the time, Colorado DUI checkpoints are set up late at night, early in the morning, and on weekends – times when the highest amount of drinking has been shown to occur. Checkpoints may also increase on holidays and around big events that serve alcohol.

 

Are DUI Checkpoints Constitutional?

 

Colorado is one of 39 states in the U.S. that allows DUI checkpoints based on the U.S. Supreme Court’s 5 to 4 decision in the 1990 Michigan v. Sitz case. It was decided by the

 

Justices that these checkpoints were a justified intrusion and not an illegal search and seizure, because by lowering the number of drunk drivers on the road, they were serving the interest of the public.

 

This decision was made partially based on the belief that the “sole purpose” of DUI checkpoints was to detect DUI, but as they are used in practice, this is something that is up for debate by many legal experts. The controversy comes from the fact that oftentimes a number of other citations are handed out to drivers – fees for things like tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. Because local governments make money off of these fees, the “sole purpose” argument has been called into question. Worse, time has shown that traditional roaming patrols have a higher rate of effectiveness at arresting people for DUI than DUI checkpoints.

 

What to Do If You Are Stopped

 

Whatever your feelings on the constitutionality of DUI checkpoints, they are currently considered legal by the state of Colorado, so you must adhere to the guidelines if you find yourself approaching one.

 

The first thing you need to know is that you are not required to stop at a Colorado DUI checkpoint if you are able to take an alternative route. Even if the police see you and believe that you are trying to avoid the checkpoint, this in and of itself is not legal grounds for them to pull you over.

 

If, however, you do find yourself stopped at a Colorado DUI checkpoint, treat it like you would any other police encounter on the road. Remain calm and polite, keep your hands visible to the officer, and don’t unintentionally provoke him or her by making any sudden movements.

 

Police officials say that the average stop at one of these DUI checkpoints generally lasts anywhere from 10 to 20 seconds, and officers are instructed to check licenses and registrations only if drivers display certain indicators of intoxication, such as slurred speech or smelling of alcohol.

 

According to the Colorado Department of Transportation, officers will be looking for a number of things at these stops, including:

 

• bloodshot eyes
• open or empty alcohol containers
• drug paraphernalia
• fumbling fingers and/or impaired movement
• slurred speech
• an odor of alcohol or drugs
• an admission that you have been drinking or using drugs

 

Remain calm and polite throughout the process, letting the officer do his or her job, but do not say that you’ve been drinking, even if it was only a single beer. Remember that anything you say can and will be used against you, and providing this information is just giving the officer an opportunity to question you further or even arrest you.

 

You could be asked to take a field sobriety test if the officer thinks you might be intoxicated. Do not agree to take this test. It is not a legal requirement, and most DUI lawyers will tell you that these tests are designed for drivers to fail them. In fact, most of the time taking one will only increase your chances of getting a DUI! Why? Because the test is completely subjective – whether you pass or fail is determined by the administering officer’s judgment on how well you’ve done on each section. While it is possible that you might be arrested after refusing the test, at the very least you are limiting the evidence they have against you.

 

If You Are Arrested at a Colorado DUI Checkpoint

 

As soon as you arrive at the police station, ask to speak to an attorney, then refuse to answer any more questions. The police may tell you that you are required to take a BAC test at this point. Depending on the machine, sometimes these involve taking your blood; other times they are simply breath tests. Don’t panic if you have to take one of these tests. Just because you fail the test doesn’t mean that you will automatically get a DUI.

 

There are a number of things that could have influenced the test into giving a false reading, including improper usage of the test, incorrect machine calibration, and differences in your body physiology, and an experienced DUI attorney will know how to argue this very thing. If you have been arrested for a Colorado DUI and want legal help, contact a qualified Colorado DUI lawyer today.