To curb individuals driving while intoxicated, police in Colorado may set up a sobriety checkpoint to catch drunk or high drivers.
But what is a sobriety checkpoint, and how do you act appropriately at one? We’ll discuss all this and more in this guide. If you have any specific questions about your case details, contact a Greeley DUI attorney to set up a free case evaluation.
According to the Office of Legislative Legal Services, the two offenses of driving while under the influence of drugs or alcohol are:
The Supreme Court ruled in 1990 that temporary sobriety checkpoints do not violate the Fourth Amendment, which protects individuals from unreasonable searches and seizures. As long as a sobriety checkpoint doesn’t delay individuals without evidence of impairment or trigger a vehicle search without evidence, a standard checkpoint is likely to be legal.
Here’s what likely will happen when you pull up to a Colorado DUI checkpoint::
While you do have the right to remain silent at a DUI checkpoint, they are not required to inform you of such as you are not in custody as a suspect.
In Colorado, it is perfectly legal to perform a u-turn to avoid a checkpoint. Police are not allowed to follow you or consider your turning around to be an admission of guilt. However, this u-turn must be performed legally. If you perform it illegally, you can be cited for it, and the police may interrogate you.
All preliminary sobriety tests can be declined with no consequences. However, if the officers suspect you are intoxicated, they can arrest you and compel you to take them. After you are arrested, these tests are now considered evidentiary. Do not refuse these tests, as they can cause an automatic suspension of your driver’s license, among other penalties. A Greeley license reinstatement attorney can help you navigate this process.