The U.S. Supreme Court has ruled that sobriety checkpoints don’t violate the federal Constitution. Each state has made its own decision about whether checkpoints violate the state’s constitution, however, and each state handles sobriety checkpoints within its own borders a little differently. Here are some key points of Colorado sobriety checkpoint law.
First, Colorado courts have ruled that sobriety checkpoints within the state are allowed by both the state and federal constitutions. In 1990, the Colorado Supreme Court held that the state’s constitution ought to be considered “coextensive” with the federal constitution when it came to sobriety checkpoints.
Second, Colorado law enforcement agencies actually do conduct sobriety checkpoints. On average, checkpoints take place about once or twice a month. However, law enforcement agencies are more likely to run Colorado sobriety checkpoints around major holidays, like the just-passed Fourth of July holiday or the upcoming Labor Day.
Finally, a Colorado sobriety checkpoint must be set up in a fixed location, and the guidelines for running the checkpoint must be in place before the checkpoint is set up. Officers running the checkpoint must adhere to the guidelines. A checkpoint is not allowed to run indefinitely; it must be stopped after a period of time.
If you’ve been charged with drunk driving in Colorado, you don’t have to take on the charges alone. At The Bussey Law Firm, P.C., our knowledgeable CO DUI defense attorneys can help you build the strongest possible case on your behalf. Call us today at (719) 475-2555 for a free consultation.