How to Defend DWI/DUI Charges in New Mexico
Driving under the influence (DUI) or driving while intoxicated (DWI) charges can have serious consequences in New Mexico. If you find yourself facing these charges, it is crucial to understand your rights and the available defenses. This article will guide you through the process of defending DWI/DUI charges in New Mexico, providing valuable information and answering frequently asked questions.
Understanding DWI/DUI Laws in New Mexico
In New Mexico, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for adults over 21. The legal limit is lower for commercial drivers (0.04%) and individuals under 21 (0.02%). Additionally, New Mexico has an “implied consent” law, which means that by obtaining a driver’s license, you consent to chemical testing if an officer suspects you are driving under the influence.
Defenses for DWI/DUI Charges
1. Challenging the Traffic Stop: If the police officer lacked reasonable suspicion or probable cause to pull you over, any evidence collected thereafter may be deemed inadmissible.
2. Disputing Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by various factors such as medical conditions, fatigue, or nervousness. Challenging the accuracy and reliability of these tests can weaken the prosecution’s case.
3. Attacking Breathalyzer Results: Breathalyzer devices can be prone to errors due to calibration issues, improper usage, or medical conditions that may affect the accuracy of the readings. Challenging the reliability of the breathalyzer results can cast doubt on the prosecution’s evidence.
4. Contesting Blood Test Results: Blood tests can be subject to mishandling, contamination, or improper storage, leading to unreliable results. An experienced attorney may challenge the validity of blood test results based on these factors.
5. Violation of Miranda Rights: If the arresting officer failed to inform you of your Miranda rights to remain silent and have an attorney present during custodial interrogation, any statements made during that time may be suppressed.
6. Challenging the Validity of the Arrest: If the arresting officer did not have probable cause to arrest you for DWI/DUI, it may be possible to challenge the legality of the arrest.
Frequently Asked Questions:
Q: What are the consequences for a first-time DWI/DUI offense in New Mexico?
A: For a first offense, penalties may include fines, license suspension, mandatory alcohol education or treatment programs, community service, probation, and potentially even jail time.
Q: Should I hire an attorney for a DWI/DUI charge?
A: It is highly recommended to hire an experienced DWI/DUI attorney who is familiar with New Mexico laws and can build a strong defense on your behalf.
Q: Can I refuse to take a breathalyzer or blood test?
A: Technically, you can refuse these tests, but New Mexico’s implied consent law means that refusing may result in an automatic license suspension. Additionally, the prosecution can use your refusal as evidence against you in court.
Q: Can I plea bargain to a lesser charge?
A: In some cases, plea bargaining to a lesser charge such as reckless driving may be possible, depending on the circumstances and evidence surrounding your case. An attorney can help negotiate the best possible outcome.
Q: How long will a DWI/DUI conviction stay on my record?
A: A DWI/DUI conviction can remain on your record for many years, potentially affecting employment opportunities, insurance rates, and other aspects of your life.
Remember, every case is unique, and the success of your defense will depend on the specific circumstances surrounding your arrest. Consulting with a knowledgeable attorney is crucial to building a strong defense strategy tailored to your case.
In conclusion, facing DWI/DUI charges in New Mexico can be daunting, but understanding your rights and the available defenses can significantly impact the outcome of your case. By challenging the traffic stop, field sobriety tests, breathalyzer or blood test results, and other factors, you can increase your chances of a favorable resolution. Seek the assistance of an experienced attorney to guide you through this process and protect your rights effectively.