For many, alcohol is as much of a holiday tradition as menorahs or mistletoe. That is why there are certain sobriety checks in Greeley, Colorado where there are checkpoints and roadblocks for the police to check drivers for DUI. Every driver that passes through the checkpoint can get stopped and questioned. However, police are only allowed to detain suspects who show signs and symptoms of being intoxicated. Checkpoints occur during high alcohol consumption like St. Patrick’s Day, The 4th of July, New Year’s Eve, Super Bowl Sunday, and any holiday weekend.
Are Sobriety checkpoints legal?
Sobriety checkpoints are definitely legal if they are fair and not overly intrusive. The US Constitution requires law enforcement agencies to have probable cause to stop a motorist. Otherwise, the traffic stop is an unreasonable “seizure” and therefore, a violation of constitutional rights. A possible cause for a DUI stop in Colorado is when a police officer observes that there is a traffic violation, a defect in the vehicle that affects safety, or a driving pattern that indicates that the driver may be intoxicated. In addition, the US Supreme Court has recognized that driving while drunk and drugged driving is a significant threat to public safety, thus the Court ruled that DUI checkpoints are an exception to the probable cause rule. When it comes to the bail amount for DUI, you can check out bail bonds in Greeley.
When does a Colorado sobriety checkpoint become illegal?
DUI checkpoints are unlawful if they violate the guidelines for sobriety checkpoints in Colorado. It stated that DUI roadblocks should pose as little inconvenience as possible to drivers; have a consistent, non-discriminatory procedure for choosing which vehicles to stop like every third car; have adequate warning that a driver is approaching a checkpoint; be adequately staffed and supervised; be in a safe location and be publicized in advance. Failure to comply strictly with the guidelines does not automatically make a sobriety checkpoint illegal. It all depends on the number of guidelines violated and the seriousness of the non-compliance.
What happens at a Colorado DUI checkpoint?
During the checkpoint, drivers should be given plenty of advance warning when they approach a sobriety roadblock. The warning usually takes the form of signs, lights, uniformed officers, and marked police cars. The agency operating the checkpoint will usually cordon off part of the road that will force traffic to merge into one or two lanes. An officer will ask drivers to roll down the window and then ask to see a license and registration that drivers are legally required to produce. If you happen to be charged with DUI, you can contact bail bonds Greeley Co as they can assist you fastly.
What happens if the police suspect DUI?
If the officer suspects, he/she can ask for the driver’s license and the driver to step out of the vehicle and take the Field sobriety test or preliminary alcohol screening breath test. Both tests are optional and the suspect may decline to take them without legal consequences. If suspects do take them, results can come into court as evidence of impairment. For drivers over 21, results are admissible to prove the officers had probable cause and people under 21 facing only a UDD charge must take the roadside breath test.
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