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Denver DUI Attorney

DUI Checkpoints in Colorado

DUI Checkpoints are routine for most Colorado law enforcement agencies. They usually involve law enforcement officials setting up roadblocks on heavily trafficked streets and highways in an effort to detect drunk drivers. They are often used during holiday weekends, although they can be set up on random days throughout the year.

One basic fact to know about checkpoints is that they are a “seizure” under the Fourth Amendment of the U.S. Constitution, which means that they must be conducted in a reasonable manner, so as not to create an undue burden on the motorists trying to travel through the checkpoint. The Supreme Court has recommended certain guidelines for DUI checkpoints to law enforcement officials with this factor in mind. One of the more important guidelines encourage the police to create roadways before the checkpoint that allows motorists to avoid them if they choose. The police are not allowed to stop someone for avoiding a checkpoint unless they independently violate traffic laws that would allow an officer to detain them. Most checkpoints will have signage in advance of the checkpoint that advise motorists that there is a checkpoint ahead.

Motorists detained in DUI checkpoints should follow our recommendations for what to do and what not to do if stopped by a DUI enforcement officer. The DUI attorneys at Hebets & McCallin has handled many checkpoint cases and we know how to get you the best result possible.

 

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Hebets & McCallin, P.C.
1777 S. Harrison Street
Suite 310
Denver, CO 80210
Ph: 303.756.3231
Fax: 303.756.6769