2021 Colorado Code
Title 42 - Vehicles and Traffic
Article 4 - Regulation of Vehicles and Traffic
Part 13 - Alcohol and Drug Offenses
§ 42-4-1302. Stopping of Suspect

A law enforcement officer may stop any person who the officer reasonably suspects is committing or has committed a violation of section 42-4-1301 (1) or (2) and may require the person to give such person's name, address, and an explanation of his or her actions. The stopping shall not constitute an arrest.

History. Source: L. 94: Entire title amended with relocations, p. 2390, § 1, effective January 1, 1995.

This section is similar to former § 42-4-1202.1 as it existed prior to 1994, and the former § 42-4-1302 was relocated to § 42-4-1502 .

For provision that the operation of vehicles and the movement of pedestrians pursuant to this section apply upon streets and highways and elsewhere throughout the state, see § 42-4-103 (2)(b) .

Law reviews. For article, “Review of New Legislation Relating to Criminal law”, see 11 Colo. Law. 2148 . For article, “A DUI Primer”, see 16 Colo. Law. 2179 (1987).

Annotator's note. Since § 42-4-1302 is similar to § 42-4-1202.1 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

Sobriety checkpoint stops need not be based upon reasonable suspicion merely because of the existence of this statute. Orr v. People, 803 P.2d 509 (Colo. 1990).

An investigatory stop of a motor vehicle is permissible when a police officer has a reasonable suspicion that the driver is committing or has committed a drunk driving offense. Peterson v. Tipton, 833 P.2d 830 (Colo. App. 1992).

Even absent other driving violations, an investigatory stop is permissible when a police officer has a reasonable suspicion that the driver is committing or has committed a drunk driving offense. Peterson v. Tipton, 833 P.2d 830 (Colo. App. 1992).