DUI checkpoints are a staple of law enforcement in Colorado. Officers use them to screen for drunk and impaired drivers. However, some rules govern these checkpoints. Police don’t have the freedom to operate them however they want to. You have rights at DUI checkpoints in Colorado, and those rights are protected by the Constitution and laws.
If you are facing a DUI charge in Colorado, know that the Law Office of Kevin Cahill can make a big difference. Call 720-445-9887 for a consultation to learn what attorney Kevin Cahill can do for you.
What Is a DUI Checkpoint?
A DUI checkpoint is an investigative roadblock situation where police officers seek to identify DUI drivers. Its primary purpose is to keep the streets safe by discovering and arresting those who should not be driving.
Checkpoints are also used as deterrence. Motorists in certain areas expect to see them at specific times of the year, and many refrain from driving while drunk. These checkpoints are also often announced in advance, which also lends to a deterrent effect.
DUI Checkpoints and Colorado Law
The question many motorists have is, “Are DUI checkpoints legal in Colorado?” The answer is a resounding “yes.” DUI checkpoints are a legally authorized way for law enforcement to police drunk driving. However, as with arrests and searches, police must abide by various rules when conducting DUI checkpoints.
Stopping Motorists
In most cases, police need probable cause to stop a vehicle. Probable cause is a reasonable belief held by a police officer that a crime is afoot or has taken place. However, at DUI checkpoints, probable cause is not needed. The overwhelming public concern for drunk drivers is justification enough for society to set up checkpoints.
However, in Colorado, a DUI checkpoint must follow at least the following three rules to be valid:
- It must pose as little inconvenience as possible to motorists.
- It must not be operated based on discriminatory behavior, such as racial, sexual, and age discrimination.
- It must be announced to the relevant public in advance.
These are the basic requirements for a checkpoint. Even more rules relate to the actual operation of the checkpoint.
DUI Checkpoint Procedures
DUI checkpoint procedures must be valid under the U.S. and Colorado constitutions and state and federal laws from the moment an officer stops a motorist until that motorist is no longer under police control. If you are pulled over at a checkpoint, the officer will likely:
- Ask for license, registration, and insurance
- Ask about your comings and goings
- Do visual scans of your vehicle for signs of drinking
- Ask you if you have been drinking
- Try to smell alcohol or drugs in your vehicle.
Throughout this interaction, the officer must take great care not to violate the state and federal rights of drivers. What are your rights at DUI checkpoints in Colorado? First, you have the right to be free from unreasonable searches and seizures. The checkpoint itself is a type of seizure that is typically deemed reasonable.
However, the actions of an officer may not be reasonable at all. After stopping you at a checkpoint, an officer does not have unlimited authority to search you outside of your car. If they want to perform a search, they must find probable cause to search. In other words, an officer must point to a specific fact or circumstance that would lead a reasonable officer in their position to believe a crime has occurred.
Evidence of Alcohol Consumption
If an officer finds evidence of alcohol consumption, they may take steps to investigate, including conducting a field sobriety test. You have the right to refuse such a test. However, doing so can result in an arrest and subsequent obligation to sit for a chemical blood alcohol content test.
You have the right to refuse to take a chemical test as well. However, the consequences of doing so are:
- Automatic license revocation
- Designation as a persistent drunk driver, even for first-time offenders.
Regardless of your circumstances, if a DUI checkpoint results in an arrest, don’t say a word to the authorities; contact an experienced DUI lawyer as soon as possible.
If you have been arrested at a DUI checkpoint, get answers and a robust defense from the Law Office of Kevin Cahill.
Consequences of DUI in Colorado
As you might imagine, the consequences of DUI are not light. Convicted offenders face all manner of significant criminal penalties, including:
- Time behind bars
- Significant fines
- License suspension and revocation
- Community service.
Collateral, non-criminal consequences also await those convicted of DUI in Colorado. Depending on whether the charge is a felony or misdemeanor, a convicted offender could see the following rights abridged:
- 2nd Amendment right to bear arms
- Right to vote
- Right to hold public office.
Additionally, convicted individuals typically have a tougher time getting or maintaining employment than those without criminal records. Some convicted individuals face troubles with their professional licenses as well, such as lawyers and doctors convicted of DUI.
DUI Expungement in Colorado
Expungement is a way of removing and destroying a criminal record from public view. Unfortunately, criminal record expungement is not possible for DUIs in Colorado. The law in this state wants these records on offenders’ files for life. There are a couple of limited exceptions, however.
Juveniles may have underage DUIs expunged if they have completed all required steps of their judgment and sentence and are at or over the age of 21. Additionally, cases of mistaken identity may also lead to legal expungement.
Get a Strong Criminal Defense for Your DUI Charges
Colorado law enforcement strictly enforces and punishes DUI convictions. If you have been picked up at a DUI checkpoint, you need an experienced lawyer to get to work immediately on your defense. The sooner you contact a defense lawyer, the better for your case.
For a consultation with a DUI defense lawyer who cares, contact the Office of Kevin Cahill at 720-445-9887. Kevin is ready to meet and help protect your future from serious criminal consequences. Call today.