DUI, Misdemeanor and Felony Criminal Defense

Are Sobriety Checkpoints legal in Colorado? Both the Colorado and U.S. Supreme Courts have recognized that properly conducted sobriety checkpoints are legal. However, in order to pass constitutional examination by a judge sobriety checkpoints must comply with the following restrictions:

• The public must be given prior notice of the sobriety checkpoint at a particular location;
• The agency running the sobriety checkpoint must have written guidelines and procedures on how the checkpoint will be run;
• The police officers manning the checkpoint must have limited discretion on which vehicles to stop, e.g. all vehicles get stopped so long as there are officers available to check their documents;
• Absent reasonable suspicion or probable cause, stops must be brief in duration with only driver's licenses and proof of insurance requested;
• Driver's must be given an opportunity to "turn off" prior to entering the checkpoint, usually signage must indicate that a checkpoint is ahead.

Checkpoints can be set up at any time of year, but most often they appear around holidays known for alcohol and drug consumption. These holidays include New Years, Super Bowl Weekend, Saint Patrick's Day Weekend, July Fourth weekend and Labor Day Weekend. While the police in Colorado have gotten better at complying with the requirements for a valid checkpoint, I have often gotten judges and DMV hearing officers to invalidate a checkpoint arrest based upon failure to follow the above requirements. Do call us if you have been arrested at a checkpoint!