Colorado DUI Sobriety Checkpoints – Are They Legal?

Sobriety checkpoints (also called “DUI Checkpoints“) are roadblocks in Colorado where police check you for driving under the influence of alcohol or drugs.

The Colorado Department of Transportation often posts advance notice of upcoming sobriety checkpoints. They usually occur during times of high alcohol consumption.

Sometimes instead of conducting formal DUI checkpoints, police carry out “blitzes.” A blitz is simply a heightened police presence on the roadways with the purpose of spotting impaired drivers.

Note that drunk driving is not the only offense police look for at checkpoints and blitzes. They also routinely issue citations for driving with an open container of alcohol or marijuana.

Upcoming and Past DUI Checkpoints and Blitzes in Colorado

Date	Location
October 11, 2025 – October 12, 2025	Douglas and Arapahoe Counties
August 15, 2025 – August 23, 2025	El Paso, Gilpin, Ouray and Archuleta Counties
June 20, 2025 – June 21, 2025	Douglas County
June 5, 2025 – June 18, 2025	“The Heat Is On Summer Blitz” throughout the state
January 9, 2025 – January 22, 2025	Throughout the state

To help you better understand your rights before, during and after a Colorado DUI checkpoint, our Denver DUI defense lawyers discuss the following key issues:

• 1. Legality
• 2. Requirements
• 3. The Initial Stop
• 4. The DUI Investigation
• 5. Can I turn around?
• 6. DUI Defenses
• Additional Resources

1. Legality

Normally, the United States Constitution’s Fourth Amendment requires traffic officers to have reasonable suspicion to pull you over. Reasonable suspicion exists when an officer observes:

• A traffic violation,
• A defect in your vehicle that affects safety, or
• A driving pattern that indicates that you may be intoxicated

However, the United States Supreme Court has held that DUI checkpoints are a lawful exception to the reasonable suspicion rule. This is because drunk driving and drugged driving are significant threats to public safety.¹

2. Requirements

The Colorado Department of Transportation (CDOT) advises that DUI checkpoints be publicized in advance and pose as little inconvenience as possible. They should also have a consistent, non-discriminatory procedure for choosing which vehicles to stop – for example, every third car.

Furthermore, DUI checkpoints should give adequate warning that you are approaching a checkpoint. Finally, they should be adequately staffed and supervised and be in a safe location.

Nine possible violations that could make a DUI roadblock unconstitutional include:

1. The police department had no official procedures for roadblocks.
2. The roadblock created a traffic hazard.
3. The method for selecting which cars to stop was not neutral.
4. There was inadequate advance warning of the mobile checkpoint.
5. There were inadequate signs of official authority (uniformed officers, marked police vehicles, etc).
6. There was no convenient and reasonable procedure for DUI breath testing.
7. There was no drug recognition expert (DRE) on site.
8. The officers supervising the checkpoint were not adequately trained.
9. There was not enough advance publicity of the checkpoint.²

3. The Initial Stop

First, you should be given plenty of advance warning when you approach a sobriety roadblock in Colorado. 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. This will force traffic to merge into one or two lanes.

After you stop, an officer will ask you to roll down the window and produce your license and registration (which you are required to do). The check will then proceed like an ordinary traffic stop, and the officer will observe whether you:

• have difficulty producing your driver’s license and registration,
• smell of alcohol or marijuana,
• have alcohol, drugs or drug paraphernalia in your vehicle, and/or
• show physical signs of intoxication – such as slurred speech or bloodshot, glassy eyes.

If the officer reasonably suspects you are inebriated or stoned, a standard DUI investigation will follow, as discussed below

4. The DUI Investigation

If officers reasonably suspect you of DUI at a sobriety checkpoint in Colorado, they will ask you to step out of the vehicle. Then they will ask you to submit to the following optional tests (which we suggest you politely decline):

• Field sobriety tests (FSTs), which include the walk-and-turn, one-legged-stand, and horizontal gaze nystagmus (eye) tests; and
• Preliminary alcohol screening (“PAS”) breath test, which is required only if you are under 21.

Note that FST results can come into court as evidence of impairment. If you are 21 or older, PAS results can come into court to prove the officers had sufficient evidence to arrest you.

If officers ultimately believe there is probable cause that you are intoxicated, they may arrest you for either:

• Driving under the influence of alcohol (DUI),
• Driving under the influence of drugs (DUID),
• DUI “per se” (driving with a BAC of 0.08% or higher),
• Driving while ability impaired (DWAI), or
• Underage drinking and driving (UDD).

Upon arrest, you will be administered an evidentiary breath alcohol test (EBAT) or blood test. Normally, you are allowed to choose which chemical test to take; though if the police suspect drug use, you must take a blood, urine, or saliva test.

Refusing to take a chemical test after an arrest has consequences such as automatic revocation of your Colorado driver’s license and designation as a persistent drunk driver (PDD) – even if it is your first arrest. Also, the refusal can be used as evidence of guilt if your case goes to trial.³

5. Can I turn around?

You have the right to make a U-turn and avoid a DUI roadblock in Colorado as long as you do not violate any traffic laws in the process. Otherwise, you can be stopped and cited for the violation and then questioned about drinking as if it were any other traffic stop.

6. DUI Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with DUI, including at sobriety checkpoints. In our experience, the following ten defenses have proven very effective with prosecutors, judges, and juries at getting drunk/drugged driving charges reduced or dismissed.

1. The checkpoint was overly intrusive and unreasonable.
2. The police gave inaccurate FST instructions.
3. The police did not score your FST results correctly.
4. The police lacked probable cause to arrest you.
5. You had a medical episode that mimicked intoxication (such as a seizure or diabetic coma).
6. You have a medical condition that caused inaccurate BAC results (such as GERD or acid reflux).
7. You had mouth alcohol (such as from Listerine) that caused inaccurate BAC results.
8. Your blood sample was contaminated.
9. The breathalyzer was defective.
10. The techs who calibrated the breathalyzer let their certification lapse.

In any case, prosecutors have the high burden to prove your guilt “beyond a reasonable doubt.” We conduct our own investigation in search of every possible instance of “reasonable doubt.”

Most of the time, we can negotiate a favorable plea bargain without a trial. Though if necessary, we are ready to take your case to the jury and fight for a full acquittal of your charges.

Additional Resources

• Colorado DUI Laws – Detailed explanation by Colorado’s Office of Legislative Legal Services.
• The DUI Process – Step-by-step overview by the Colorado DMV.
• Impaired Driving – Safety video by the Colorado Department of Transportation.
• MADD Colorado – Organization devoted to ending DUI, including by presenting victim impact panels.
• Colorado AA – A 12-step program for overcoming alcoholism.

See our related articles on Recent DUI checkpoints in Colorado Springs and Drug Checkpoints Leaving Colorado.

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