Denver DUI Checkpoint Laws
Defending Your Rights at Colorado DUI Checkpoints
A favorite tactic of law enforcement is using DUI checkpoints to try to stop and arrest any driver who might be legally intoxicated. Someone is legally intoxicated if they hold a civilian driver’s license and drive with a blood alcohol concentration (BAC) level of 0.08 or higher.
The BAC limit to be legally intoxicated and charged for driving under the influence (DUI) is reduced to only 0.02 for anyone aged younger than 21, and a driving while ability impaired charged can be brought at a BAC level of just 0.05.
DUI checkpoints, however, are questionable at best, and some skirt the line of legality. If you get stopped at a DUI checkpoint in Denver and consequently arrested for a DUI, do not be afraid to challenge the charges from front to back. Get our DUI defense attorney from Fife Luneau, P.C. on your side right away to improve your chances of success.
Call (720) 408-7130 or contact us online to schedule your free consultation on defending your rights after a DUI checkpoint in Denver, Colorado!
What Happens at a DUI Checkpoint?
The police will set up a blockade across a street to catch any motorists going through the area. Checkpoints usually appear when high traffic and high rates of drinking are suspected, such as after a sporting event.
At a DUI checkpoint in Denver, you can expect the following to happen:
- All vehicles will have to come to a stop.
- When you reach the front of the line of vehicles, you will be told to produce your driver’s license and possibly your registration as well.
- Anyone who shows possible signs of intoxication, or who is identified as someone with a current warrant out for their arrest, will be instructed to pull over to the side of the road.
- DUI suspects will likely be told to complete a field sobriety test.
- Arrests will be made if the police establish probable cause to make one.
Legal Problems with DUI Checkpoints in Denver
Stopping absolutely everyone who travels along a road has been argued time and time again as a violation of someone’s constitutional rights against unjust searches and seizures. It is also seen as a blanket-form of profiling.
In response, many counties across the country require law enforcement departments to publicly announce Denver DUI checkpoint locations at least a few days ahead of time.
If there was no way for you to know of a DUI checkpoint before being stopped at one, it might be possible to argue the stop and your arrest were unjust, which would invalidate any evidence collected against you afterwards.
We Are Here to Defend Your Right to Mobility & Freedom
If you get convicted for a DUI after being stopped at a DUI checkpoint in Denver, Colorado, you will likely face high fines, jail time, and the suspension of your driver’s license. Do not let these circumstances happen unjustly to you. Come to our dedicated DUI defense law firm in Denver for all the legal guidance and representation you need in this trying time.
Contact us online or call (720) 408-7130 to receive your free consultation for protecting your rights after a DUI checkpoint in Denver today!
Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana
Assault in the Third Degree (Domestic Violence)
- DUI Acquittal
- Careless Driving
- Careless Driving
- Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana
- Assault in the Third Degree (Domestic Violence)
Will my license be suspended if I am arrested for DUI?When you have been charged with driving under the influence, the DMV will begin the license suspension process. Depending on the circumstances of your arrest, you can face a suspension of up to five years. Challenging a license suspension requires you to request a DMV hearing within seven days of you being pulled over. The results of this trial may be a probationary license that allows you to keep driving or the installation of an interlock ignition device that will allow you to drive only after you have proven your sobriety.
How are DUI and DWAI offenses different?
DUI, or driving under the influence, is usually charges as a misdemeanor that arises when you blood alcohol content is .08% or above. Driving while ability impaired, or DWAI, is an infraction when your BAC is higher than .05 but less than .08. DUI offenses carry more serious charges, including up to a year in jail, $1,000 in fines, and community service. A DWAI conviction will result in up to 180 days in jail, $200 in fines, and up to 48 hours of community service. Our Denver DUI lawyers can challenge the results of breath and blood tests and have a successful record in many cases.
Can’t I just accept the consequences of an arrest and move on?
It can be incredibly stressful to face a first offense but accepting your conviction will not simply allow you to move on. When you have a criminal record, many avenues become barred for you, including some professional licenses, the ability to join the military, and having other rights that are granted to citizens. At Fife Luneau, P.C., our Denver criminal defense attorneys work hard to fight for you and your record.