Colorado DUI Checkpoints: 5 Jaw-Dropping Truths Every Driver Must Know

In Colorado, law enforcement conducts DUI and DWAI screenings at temporary traffic stops known as sobriety checkpoints.

These checkpoints allow law enforcement to briefly contact and interact with all the drivers passing through it; every driver that goes through a checkpoint can be stopped and questioned. But, police are only allowed to detain you if you show signs and symptoms of being intoxicated.

Buckle up as we dive into five surprising truths about Colorado's DUI checkpoints that will leave you both informed and astonished.

1. Walking the Legal Tightrope of Colorado DUI Checkpoints

When it comes to DUI checkpoints, Colorado walks a fine line between public safety and individual rights. Unlike some states where checkpoints are outright banned, Colorado permits them—but with a twist.

The state's approach is rooted in a delicate balance of constitutional protections and law enforcement needs. DUI checkpoints in Colorado are legal, only if they are fair and not overly intrusive.

Under the Fourth Amendment of the U.S. Constitution, law enforcement must have probable cause to initiate a traffic stop. Without it, the stop is considered an unlawful detention, infringing on your constitutional protections against unreasonable searches and seizures.

In Colorado, probable cause for a DUI stop can be established if an officer notices:

• An infraction of traffic laws,
• A safety-related issue with your vehicle, or
• Driving behavior suggestive of intoxication

The U.S. Supreme Court has acknowledged the severe public safety risks posed by impaired driving. Consequently, the Court has ruled that DUI checkpoints are exempt from the typical probable cause requirement.

DUI checkpoints may be considered unlawful if they do not follow the Colorado Department of Transportation (CDOT) standards for sobriety roadblocks. These checkpoints must:

• Minimize inconvenience to drivers,
• Use a neutral and consistent method for stopping vehicles, such as stopping every third car,
• Provide clear notice of an upcoming checkpoint,
• Be properly staffed and monitored,
• Be located in a safe area, and
• Be announced to the public in advance.

However, failing to follow CDOT guidelines exactly does not automatically make a checkpoint illegal. The legality depends on how many guidelines are breached and the severity of the violations. Talk about a legal tightrope.

Here are nine potential issues that could make a DUI checkpoint unconstitutional:

1. The police department lacked official procedures for the roadblock.
2. The roadblock created a danger for drivers.
3. The process for selecting vehicles was not impartial.
4. There was insufficient notice of the checkpoint ahead.
5. There were not enough visible indicators of law enforcement presence (such as uniforms or marked vehicles).
6. The DUI breath testing process was not convenient or reasonable.
7. There was no drug recognition expert (DRE) available at the site.
8. The supervising officers were not adequately trained.
9. The checkpoint was not sufficiently publicized in advance.

This approach aims to maintain transparency while still deterring drunk driving. However, it's this very transparency that leads us to our next jaw-dropping truth.

2. The "Checkpoint Chess Game": Savvy Drivers vs. Law Enforcement

Here's where things get interesting. The required public announcements of DUI checkpoints in Colorado have spawned a cat-and-mouse game between drivers and police.

Tech-savvy motorists have turned to social media and smartphone apps to share real-time checkpoint locations, effectively creating a digital underground railroad for those seeking to avoid these stops.

But before you rush to join this high-stakes chess match, consider this:

• Evading a checkpoint can look suspicious, potentially giving officers probable cause to pull you over anyway.
• Many checkpoints are mobile, changing locations throughout the night.
• Law enforcement often sets up roving patrols around announced checkpoints to catch drivers trying to circumvent them.

This digital dance highlights a broader ethical question: Is it responsible to help others avoid checkpoints designed to keep roads safe?

3. Shocking Statistics: The Unexpected Impact of DUI Checkpoints in Colorado

You might assume that Colorado DUI checkpoints are a foolproof method for catching drunk or impaired drivers. The reality, however, is far more complex and might leave you scratching your head.

DUI checkpoints tend to have low direct arrest rates, with less than 1% of drivers being arrested on average. Despite this, operating these checkpoints can be quite expensive, often costing thousands of dollars. However, studies indicate that even with the low number of arrests, DUI checkpoints can reduce alcohol-related crashes by as much as 20%, highlighting their deterrence effect.

These statistics paint a paradoxical picture. While checkpoints rarely catch drunk drivers in the act, their very existence seems to discourage impaired driving. It's a classic case of prevention being worth a pound of cure—or, in this case, worth thousands of dollars in operational costs.

4. The Constitutional Conundrum: Your Rights at Colorado DUI Checkpoints

DUI checkpoints in Colorado exist in a constitutional gray area, balancing public safety against Fourth Amendment protections against unreasonable searches and seizures.

This delicate equilibrium has led to some surprising rights for drivers. For example, did you know that you can turn around to avoid a DUI checkpoint?

You are allowed to legally turn around and avoid a checkpoint as long as no traffic laws are broken. Officers can only briefly detain you if there is no reasonable suspicion. While you must provide your license and registration, you are not obligated to answer other questions.

Field sobriety tests are voluntary, though refusing them may lead to consequences. You also have the right to record your interaction at a checkpoint, provided it does not interfere with police activities.

Understanding these rights is your responsibility, but exercising them requires careful consideration. Remember, while you have these rights, asserting them may prolong your interaction or raise suspicions.

In other words, if you choose to make their jobs more difficult, be prepared.

5. What Happens When Police Suspect a DUI: To Blow or Not to Blow

If law enforcement suspects you're driving under the influence, they may ask you to exit your vehicle and request that you complete certain tests, such as Field Sobriety Tests (FSTs), and/or a Preliminary Alcohol Screening (PAS) breath test.

Participation in these tests is optional, and you can decline without facing legal penalties.

However, if you agree to take the tests, the results from the FSTs may be used as evidence of impairment in court. For drivers over 21, PAS results can help establish probable cause. (If you're under 21 and charged only with Underage Drinking and Driving (UDD), you must submit to the roadside breath test.)

If officers believe you're impaired, they can arrest you for:

• DUI or driving under the influence of drugs (DUID) under C.R.S. 42-4-1301 (1)(a),
• DUI “per se” (driving with a blood alcohol content of .08% or higher) under C.R.S. 42-4-1301 (2)(a),
• Driving While Ability Impaired (DWAI) by alcohol or drugs under C.R.S. 42-4-1301 (1)(b), or
• Underage Drinking and Driving (UDD) under C.R.S. 42-4-1301 (2)(d)(I).

Once arrested, you are required to take either a breath or blood alcohol test (EBAT), and in most cases, you can choose which one. However, if drug use is suspected, you'll need to submit to a blood, urine, or saliva test.

Refusing a chemical test after an arrest carries serious consequences, including automatic revocation of your Colorado driver’s license, and classification as a “persistent drunk driver” in Colorado, even for a first offense. Refusal may also be used as evidence against you if your case goes to trial.

Navigating the Road Ahead: What Colorado Drivers Need to Know

As Colorado continues to grapple with the challenge of impaired driving, DUI checkpoints will likely remain a contentious but important tool in the state's traffic safety arsenal. By understanding the surprising truths behind these checkpoints, you'll be better equipped to navigate both the legal landscape and the roads of the Centennial State.

Remember, the most foolproof way to ace a DUI checkpoint is simple: don't drink and drive.

Let's all do our part to keep those roads safe for everyone. After all, in a state known for its high peaks, the only high you should experience behind the wheel is the natural high of Colorado's beauty.