DUI checkpoints are fairly common in Denver, Arapahoe, and Jefferson County, and throughout the Front Range. Many consider these stops to be an infringement of personal freedoms and rights. One good question that is often asked is, “do I have to roll my window down at the checkpoint?” In order to answer this, let's take a look at a recent video one man made to test this very question.
Facing DUI charges?
A Defense Attorney's Advice for DUI Checkpoints
In the video above, you can see the man passed easily through the DUI checkpoint without having to roll down his window. The video was filmed in another state, but the same rules apply here in Adams, El Paso, and Douglas County and the rest of Colorado. The man who filmed this video has a website, fairdui.org, which has good advice for going through checkpoints and the ability to download the form you see in the video. The Colorado Department of Transportation says the purpose of DUI checkpoints is to:
“…maximize the deterrent effect and increase the perception of ‘risk of apprehension' to motorists who would operate a vehicle while impaired by alcohol or other drugs.”
Because the Supreme Court has ruled that DUI checkpoints are legal, you will be required to stop and allow the Denver, Aurora, or Centennial police to view your license and registration. There are no rules as to how they view your license and registration, however. We have a few words of advice for drivers in Colorado who wish to avoid an unlawful DUI conviction or arrest:
1.Have Documents Nearby and Accessible
One of the worst things you can do when going through a DUI checkpoint is to not have your registration or insurance in the car and ready to give to police. Our advice is to have your insurance and registration in a clear plastic bag in your glove box where it is easily accessible. Before you pull up to the checkpoint, add you license to this bag – don't try to gather it all while the police watch. They can always allege that you “fumbled” or displayed a lack of fine motor skills while retrieving your information, and use this as a basis to charge you with DUI.
2.Roll Your Window Down a Crack
While the video illustrates that you can go through a DUI checkpoint without rolling down your window, this isn't always possible. We all don't normally drive around with our license, registration, and insurance hanging out our windows. If you are stopped at a DUI checkpoint, have all your information ready, and then roll down the window an inch in order to pass your information through. We advise you against speaking to the police, since they are watching you closely and could allege you slurred your speech during the stop. They are looking for anything to use as a basis to charge you with DUI.
3.DUI Roadside Tests: Say No
Another important thing to remember about DUI traffic stops and checkpoints is that roadside tests are voluntary. The police are supposed to tell you this, but often, they fail to do so. Few sober people cannot complete these tests successfully. Their only purpose is to gather more evidence for probable cause for your arrest. Don't give the police anything to use against you for an unconstitutional arrest.
Contact an expert DUI lawyer if you've been charged after a DUI checkpoint.
Charged with DUI? Contact an Expert Defense Lawyer
If you've been charged with Driving Under the Influence or Driving While Ability Impaired, it is vital that you contact a skilled criminal defense lawyer immediately. Our early involvement in your case will ensure key evidence is saved which will help you in your trial. Don't stand alone in court when it is your word against a police officer's. Instead, contact an aggressive criminal defense attorney who wil fight to win.
Get Help Now
If you or a loved one has been charged with DUI or DWAI after a DUI checkpoint, be smart, exercise your right to remain silent, and contact the best DUI defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation