A DUI checkpoint is a roadblock set up by law enforcement to provide a simple way in which to spot and investigate any drivers who may be driving under the influence of drugs of alcohol. These checkpoints are also believed to be effective in deterring people from drunk driving. DUI checkpoints will be set up at the discretion of local law enforcement, but are most commonly seen on long holiday weekends, after large events or celebrations, and during any period of time when people tend to be consuming more alcohol.
In general, police officers are not allowed to pull over drivers or conduct field sobriety tests without first having probable cause, or reasonable suspicion to believe that the driver has been driving under the influence. The same does not hold true for DUI checkpoints. There are very specific laws dictating how DUI checkpoints must be established and operated, and the right to legally conduct such checkpoints is upheld under both Colorado state laws and Federal law.
When you pull up to a DUI checkpoint you will generally be required to roll down your window so that the officer can ask you a number of questions. As long as the officer is only asking for information he or she can use to establish your identity such as what your name is, your driver's license, your registration and more, you should answer his or her questions. If the officer begins asking additional questions it is important that you understand you are under no legal obligation to answer. You can instead inform the officer that you do not wish to discuss your activities and affairs and ask if you are free to go.
Unless the officer has a clear reason to suspect you have been driving under the influence, you will be allowed to leave. If you are asked to pull over, you can expect to be asked to perform a series of field sobriety tests. Should the officer wish for further confirmation of his or her suspicions you may also be asked to do a breathalyzer test or blood test to more accurately determine your blood alcohol concentration. You will be placed under arrest if you fail any of these tests. It is at this point that we advise you contact our firm at once so that we can provide you with defense counsel. You will need a quality defender if you are hoping to avoid conviction.
Although DUI checkpoints are intimidating, the goal of law enforcement is to protect the general public and prevent DUI-related accidents and fatalities from taking place. That does not mean that police don't make serious errors. If you have been arrested for a suspected DUI after going through a DUI checkpoint, contact Lancaster Law Office LLC and schedule to meet with a Boulder DUI lawyer as soon as possible. The faster we can begin crafting your defense case, the better it could be for you. Act now!