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Sobriety Checkpoints tonight in Lakewood


By John Buckley - August 26, 2016

The Lakewood Police along with DUI enforcement officer from the Denver Police, Colorado State Patrol, and the Jefferson County sheriff's office will be conducting DUI sobriety checkpoints tonight.

Many people mistakenly believe that these checkpoints are unconstitutional.  However, both the Colorado and U.S. Supreme Courts have ruled that sobriety checkpoints are not an unreasonable search and seizure if they meet certain basic criteria.  Among them, the checkpoint must provide advanced notice of the upcoming search and provide the motorist the opportunity to legally turn away from the checkpoint.  Any vehicle that legally turns away and 'opts out' of the search cannot be stopped unless they commit some other traffic infraction.

Obviously, the best advice to avoid a DUI arrest is to not drink to excess and drive.  However, innocent people are still sometimes charged with a DUI.  If you are in this situation, insist on a lawyer being present before answering any questions about how much you have had to drink, where you have been, or any other questions.  The only exception is that you do not have the right to consult with a lawyer before answering whether you wish to participate in a blood or breath test.  Colorado law is quite clear on this.  If you refuse to cooperate, you may lose your license for a year.

Let's be safe out there tonight!