If you were arrested for driving under the influence after going through a sobriety checkpoint, you must protect your rights by contacting a Denver DUI Attorney immediately.
Sobriety checkpoints present often unique legal issues and require a DUI attorney prepared to implement defense strategies tailored to those particular issues. Your defense may hinge on establishing that the checkpoint where you were stopped violated the balance between your individual fourth amendment rights and the need for such a checkpoint.
Colorado periodically sets up roadblocks throughout the state in order to regulate the number of drunk drivers in the state. Such checkpoints, however, are constitutionally valid only if:
They are operated at a fixed point pursuant to guidelines established in advance by supervisory personnel
They are operated for a reasonable period of time
All drivers passing through the checkpoint are briefly stopped and briefly examined for signs of intoxication
The objective and subjective intrusion on law-abiding motorists is minimal
The stops are at least minimally effective in stopping drunk drivers and discouraging others from drinking and driving.
Even a roadblock meeting the above guidelines can stop all drivers without any probable cause or even reasonable suspicion to believe that the driver is engaging in any illegal behavior.
If you have been charged with a DUI or DWAI and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.
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Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
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