DUI Checkpoints – Part 2

Resuming DUI Checkpoints: 6 Facts to Know (Pt. 1), here, we will pick up our discussion of some important facts about sobriety checkpoints.

More Important Facts about DUI Checkpoints…

Fact 3 – Police must have a non-discriminatory method of stopping vehicles while running DUI checkpoints.

What may be surprising to some is the fact – that, before running DUI checkpoints, law enforcement officials must select some specific way in which they will stop vehicles, and this method must not discriminate against any particular driver. In other words, police cannot just decide they will stop all drivers who appear to be younger than 24 years old or who may appear to be of a certain ethnic background.

One of the essential aspects of legally operating DUI checkpoints is that police must have a non-discriminatory method of stopping vehicles. Call us for help after a DUI arrest.

An example of a non-discriminatory method for stopping vehicles at DUI checkpoints would be to stop every third or every fifth vehicle.

Regardless of the method chosen, however:

It must be selected ahead of time.
It must be nondiscriminatory.
It must be documented in writing.

Fact 4 – If this method needs to be changed, another non-discriminatory method must be selected and documented for DUI checkpoints.

Once DUI checkpoints have been set up, any number of different issues or incidents could end up requiring that police change their chosen nondiscriminatory methods for stopping vehicles passing through the checkpoint.

For instance, a sudden onslaught of bad weather, an accident near the checkpoint or even the need for one officer at the checkpoint to leave can require police to have change their method for stopping vehicles, possibly altering it from stopping every fifth vehicle to stopping every tenth vehicle.

When such a change is necessary to accommodate the changing conditions at or around DUI checkpoints, then law enforcement officials are legally required to:

Document why a change in their nondiscriminatory method for stopping vehicles is necessary
At what time this change was made
What the new nondiscriminatory method for stopping vehicles will be moving forward.

Be sure to look for the conclusion to this blog series that will be posted soon!

Colorado Springs DUI Defense Lawyers at Kohn Law Firm

Have you or a loved one been charged with DUI? If so, the Colorado Springs DUI defense attorneys at Kohn Law Firm are ready to aggressively defend your rights and help you bring your case to a successful resolution.

At The Kohn Law Firm, we believe that our clients deserve exceptional service, ethical treatment and aggressive representation. That’s why we are here to help you navigate the complexities of an intricate criminal justice system, minimize the negative impacts on you and your family, and ultimately help you protect your freedom and future.

When you want to trust that you will obtain the best possible outcome to your case, don’t hesitate to contact the Colorado Springs DUI defense lawyers at Kohn Law Firm

Contact Us to Get Your Defense Started Today!

To learn more about how we can help you, set up a free initial consultation with us by calling us at (719) 328-9555 or by emailing us using the contact form at the top of this page.

From our offices in Colorado Springs, we represent clients throughout the Pikes Peak region and Colorado.

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