Are DUI Checkpoints legal in Colorado?
Most Colorado DUI attorneys would concur that DUI or sobriety checkpoints are allowable. In fact, it is not uncommon for a checkpoint to be set up, especially around or during a holiday weekends. However, the police must adhere to strict standards and operating procedures when establishing a checkpoint. This is because the moment you are stopped at a checkpoint is a seizure under the Fourth Amendment; the question is if the seizure is reasonable. It goes to the question of the government’s authority to conduct suspicionsless stop. The United States Supreme Court ruled that a minimum intrusion in your rights is outweighed by society’s interest in preventing drunk drivers on the road, in Michigan State Police Department v. Sitz, (1990) 496 U.S. 444.
A Colorado DUI lawyer knows that although allowable, checkpoints have standards that must be met and followed. If they are not, the stop might not be valid and your rights may have been violated. Due to the intricacies in checkpoint laws, consult with a Denver based DUI attorney to review your case.
The primary purpose of a checkpoint cannot be to uncover criminal actions. Additionally, there cannot be a random stop of only certain vehicles; all cars must be stopped in Colorado. Otherwise it may be a violation of your Forth Amendment Rights because there would be no reasonable suspicion to stop you and not the car in front of you. Consult a Denver DUI Attorney to determine if your rights have been violated.
If the proper procedures and safeguards to protect your fourth amendment rights were not followed, the stop might not be valid. However, you must assert that your fourth amendment rights were violated. A court will then determine if the checkpoint was legally established and conducted pursuant to the U.S. Supreme Court. A Colorado DUI attorney can attack the legality of a checkpoint. Don’t try and make the arguments yourself, consult a Colorado DUI lawyer.
Can I fight my DUI / DWAI even if I was arrested from a Checkpoint?
Yes. It is the prosecution’s bruden to prove guilt beyond a reasonable doubt. You may be able to attack the checkpoint, initial contact, and any evidentiary test results. Consult with a Colorado DUI lawyer to review the specific facts of your case
Thank you for visiting our post on Checkpoints. Please feel free to contact our Colorado DUI attorney by clicking here or calling us directly at (303) 747-4686.