If you are stopped at a DUI checkpoint in Colorado, it is important to understand your rights. State officials have the right to create DUI checkpoints as long as they are in compliance with state rules and regulations. The purpose of this checkpoint is to determine whether motorists are operating vehicles under the influence of alcohol or drugs.
If you are at a sobriety checkpoint, you do not need to agree to a field sobriety test. However, you will need to agree to a breathalyzer, as the state follows express consent laws under Colorado Revised Statutes Section 42-4-1301.1. Failure to agree to chemical blood alcohol testing could result in immediate suspension of your driver’s license, even if you are not convicted of drunk driving after the DUI checkpoint.
DUI Checkpoints Must be Conducted Legally
The United States Supreme Court recognizes that driving under the influence of drugs or alcohol is a dangerous crime and a serious cause for concern. While law enforcement officials must have probable cause to stop a vehicle, DUI checkpoints are considered an exception to the rule.
Colorado DUI checkpoints must be executed in accordance with the Colorado Department of Transportation (CDOT) Guidelines for Sobriety Checkpoints. Some of these requirements include:
- Announcing the sobriety checkpoint to the public in advance
- Determining which vehicles to stop should be a non-discriminatory process
- Ensuring the DUI checkpoint poses only a minor inconvenience to motorists
DUI Checkpoint Process in CO
When approaching a DUI checkpoint, there should be noticeable signs. For example, you may notice law enforcement officers directing traffic, flashing police lights, or even a sobriety check roadblock.
The police officers conducting the checkpoint may ask you to provide them with your license and registration. You are legally required to provide this information, but you do not need to tell them where you are going, where you are coming from, or any other personal details.
If law enforcement officials believe they see empty alcohol bottles or drug paraphernalia, they may ask you to submit to a breathalyzer test or field sobriety test. According to Colorado express consent laws under Colorado Revised Statutes Section 42-4-1301.1, you must agree to a breathalyzer test or risk suspension of your driver’s license.
Your Rights When Approaching a DUI Checkpoint
You Do Not Need to Agree to a Field Sobriety Test
There is no law that states you must agree to a field sobriety test. You are well within your rights to refuse. However, if you do not agree to a field sobriety test, law enforcement officials will likely ask you to submit to a breathalyzer test instead.
You Have the Right to Turn Around
You are well within your rights to turn your vehicle around if you are approaching a sobriety checkpoint. Doing so is perfectly legal as long as you do not violate any traffic rules or regulations in the process. For example, you should never turn around at a DUI checkpoint by making an unlawful turn, speeding, or failing to use a turn signal. If you commit a traffic violation, you increase your risk of being stopped by law enforcement officials in a routine traffic stop.
If you are approaching a DUI checkpoint in Colorado and do not want to go through the breathalyzer testing, wait until it is safe to turn around and find another way to get to your intended location.