DUI checkpoints must meet the guidelines specified by Colorado law
During different holidays of the year, law enforcement agencies have statewide campaigns using DUI checkpoints to catch drunk drivers without observing moving violations or any other legal reason for contact with a driver. However, if the roadblocks are not conducted according to specific requirements imposed by the courts, the stop and resulting arrest are illegal. In other words, the DUI checkpoints must meet the guidelines specified by Colorado law.
There are six arguments available against arrests resulting from detentions at a DUI checkpoint:
- Observations made at DUI checkpoints may be the results of illegal searches and seizures.
- The location of the DUI checkpoint may create a traffic hazard and endanger motorists.
- The operational procedures must be reasonable and followed consistently.
- There must be a neutral formula for stopping vehicles and it must be followed.
- The length and extent of the intrusion must be minimal and reasonable.
- Official must provide advance publicity and notification of the DUI checkpoint.
If there is an arrest, the defense attorney must still evaluate the physical observations relied upon and the reported results of any field sobriety tests and chemical tests.
If you have been stopped at a DUI checkpoint and charged, don't delay, call me immediately (970-871-7400).
Also see my Stopped by the Police article.
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"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs
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