Roadblocks and DUI Checkpoints

Roadblocks and DUI Checkpoints in Colorado are legal only if certain criteria are met. Even though the stops are typically brief, the stopping of motorists at sobriety checkpoints does implicate the 4th Amendment. The police cannot circumvent your constitutional rights simply by setting up a roadblock/sobriety checkpoint.

The first factor that must be established is that the checkpoints must be conducted at a fixed point with guidelines established before the checkpoint is set up. All drivers must be stopped at the checkpoint and briefly examined for signs of intoxication, unless the checkpoint backs-up with traffic. If the checkpoint backs-up with traffic, then some cars may pass without stopping. A non-discriminatory stopping of every third car or every second car would probably also be constitutionally permissible.

The checkpoints must be operated only for a limited and reasonable period of time. The intrusion on law-abiding motorists must be minimal. The stops must also be minimally effective in yielding arrests of drunk drivers and deterring others from drunk driving.

If signs of intoxication are detected at the initial screening of a motorist, he/she is then directed to a secondary screening area for roadside sobriety tests.

Roadblocks/DUI checkpoints are common in the City of Denver and surrounding areas, especially around the holidays.

If you or a loved one has been arrested for DUI as the result of a DUI Checkpoint it is important to get professional help right away. If the checkpoint was not conducted properly in light of the Colorado and Federal Court guidelines, your rights may have been violated. Contact Attorney Monte Robbins today for a free case evaluation at 303-355-5148, 970-301-5541, or toll-free at 1-888-384-2656.

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