DUI Checkpoints in Colorado: Know Your Rights
DUI checkpoints—also known as sobriety checkpoints—are legal in Colorado and are frequently used as part of statewide efforts to deter impaired driving. While these stops are permitted under both state and federal law, law enforcement officers must follow specific legal protocols to ensure that your constitutional rights are not violated.
At a DUI checkpoint, officers may briefly stop drivers without individualized suspicion, but the checkpoint itself must be publicly announced in advance, reasonably located, and conducted in a non-discriminatory, systematic manner. Officers cannot select vehicles at random and must follow a consistent plan—such as stopping every third car—to maintain the legality of the operation.
As a driver, it’s essential to know your rights at these checkpoints:
You have the right to remain silent. You are not required to answer questions about where you’ve been or whether you’ve had anything to drink.
You may refuse field sobriety tests. These roadside exercises (like walking a straight line or standing on one leg) are voluntary in Colorado and often subjective in interpretation.
However, chemical testing is different. If you are arrested on suspicion of DUI or DWAI, Colorado’s Express Consent Law requires you to submit to a breath or blood test. Refusal can result in automatic license suspension, increased penalties, and designation as a “persistent drunk driver,” regardless of a conviction.
If you are charged after being stopped at a DUI checkpoint, it’s important to act quickly. A knowledgeable DUI defense attorney can examine whether the checkpoint complied with legal requirements, whether your rights were violated during the stop, and whether any evidence can be challenged or suppressed in court.
Even a first-time DUI conviction can carry serious consequences—including loss of driving privileges, steep fines, mandatory education programs, and possible jail time. Understanding your rights and retaining skilled legal counsel can make all the difference in protecting your future.
