Are DUI checkpoints legal in Colorado?

On Behalf of | Feb 4, 2025 | DUI |

Yes, DUI checkpoints are legal in Colorado, but there are rules every driver should know. Checkpoints often occur during times when there are likely to be more drunk drivers on the road, like holiday weekends and events like the Super Bowl. Knowing what to expect and understanding your rights during these stops can help you navigate them more smoothly.

Rules for DUI checkpoints

In Colorado, DUI checkpoints are part of the state’s The Heat is On campaign, which runs yearlong and aims to curb impaired driving. Checkpoints must adhere to specific state laws to ensure they are legal and fair. Here are some key points about how law enforcement sets up and operates these checkpoints:

  • Location and timing: Authorities must choose locations based on safety and traffic flow. They often select spots with a history of DUI incidents.
  • Choosing vehicles: Police must use a non-discriminatory method of deciding which vehicles to stop. One example is stopping every third vehicle.
  • Advance notice: Law enforcement agencies must announce DUI checkpoints ahead of time. This could be through local media or public notices. Drivers should also see special warning devices to notify them that they are approaching a checkpoint.
  • Safety measures: The setup must include visible signs, adequate lighting and uniformed officers to ensure the safety of motorists and officers.

Understanding these guidelines helps demystify the process and assures the public that checkpoints are not arbitrary but structured to follow legal standards.

Your rights at a sobriety checkpoint

When you approach a DUI checkpoint, you will likely see signs, lights and officers. If they stop you, an officer will ask for your license and registration. They might also ask if you’ve been drinking. Be polite, but remember your rights.

  • Right to remain silent: You do not have to answer questions beyond providing your name and showing your license, registration and proof of insurance.
  • Right to refuse searches: Unless there’s probable cause, you can refuse a warrantless vehicle search.
  • Right to avoid self-incrimination: You are not required to perform field sobriety tests, although refusing a breathalyzer may have legal consequences.

You should also know that you have the right to turn around and avoid a checkpoint as long as you do so safely and without breaking any traffic laws.

Knowing these rights empowers you to handle the situation confidently while respecting the law.