What to Do if You are Stopped at a DUI Checkpoint in Colorado

There is a high likelihood that at some point during your time as a driver you will come across a DUI checkpoint. These intentional roadblocks function as an investigatory means for officers to search for and arrest impaired motorists by stopping every driver that passes through their area. If you should ever encounter one of these roadblocks, there are several things you should and should not do to help keep yourself out of legal trouble.

1. Remain Polite and Courteous

It is almost always a wise idea to cooperate with police officers in a calm and polite manner. With that said, you do not have to tell them anything other than your basic information. If an officer begins to ask you various questions about your business such as where you have been or if you have been drinking, do not say anything that can incriminate you later.

In response to police questioning, simply say that “I am invoking my Fifth Amendment right to remain silent and would like to speak to an attorney.” You are not required to answer any questions the police ask. Though it may seem awkward, staying silent is completely legal. Limiting what you say in turn limits the amount of evidence against you.

2. You Have a Right to Deny a Search

If a police officer asks to search your vehicle, politely decline by saying “I do not consent to a search.” Police are legally unable to search your vehicle unless they have both probable cause and a warrant. Do not outright grant them permission to search your vehicle.

3. You Do Not Have to Take a Breath Test

In Colorado, you do not have to submit to a breath test if you have not been arrested. If an officer asks you to take a preliminary breath test, you are within your rights to politely decline. With that being said, refusing a breath test can be seen as a sign of guilt, potentially giving an officer more of a reason to think that you are hiding something. If an officer should have probable cause to arrest you, it is only then that you are required to take a chemical test. It is highly advisable that you comply, as refusal can carry harsher consequences than a DUI itself.

4. Contact the Law Office of Christopher H. Cessna

If you have been arrested for a suspected DUI at a sobriety checkpoint, it is imperative that you contact a skilled Denver DUI attorney from the Law Office of Christopher H. Cessna as soon as possible. Attorney Cessna has more than 20 years of successful experience and can provide a powerful defense to your DUI charges. Upon entrusting him with your case, he is prepared to make every available effort to seek to have your charges dropped or reduced, and he will stand by your side every step of the way.