New Mexico Drunk Driving Defense Attorneys
- Drew Neal:
The New Mexico Implied Consent Act requires you to submit to a breath test, a
blood test or both to determine the alcohol or drug content of your blood.
After you take our tests, you have the right to choose an additional test.
- David Crum:
The most important thing you must do after an arrest for DWI is to submit a
request for an administrative hearing regarding the revocation of your driver1s
license to the Motor Vehicles Division, along with a payment of $25.00. If you
fail to request this hearing within 10 days of your arrest you will
automatically lose your license, even if you are not guilty of DWI. If possible
you should retain an attorney immediately so that your attorney can make the
proper request for hearing.
- Albuquerque
- Raines & Travers:
When you are facing a criminal charge, even a traffic violation such as drunk driving, if convicted you could lose your license to drive, have large fines and court costs imposed upon you, and even serve jail or prison time. You have the right to have your attorney represent you at every step of a criminal prosecution.
- Liane Kerr:
Can I fight my DUI arrest?
Yes. You may request a review of the driveršs license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.
- Frenchette &
Associates:
WHEN YOU ARE arrested for driving while intoxicated in New Mexico, two separate
cases begin at virtually the same time - a criminal case and a civil case. The
criminal case is brought by the government and can result in jail, fines,
probation and loss of license. The jail time, fines and other penalties vary
depending on how many convictions you have and whether you are charged with
aggravated DWI. Aggravated DWI may be charged if you refuse to take the
chemical blood or breath test requested by the officer, have an alcohol level
of .16 or more or cause an accident with injuries. You can be guilty of a DWI
even if you had nothing to drink but had medication or narcotics. The civil
administrative hearing process with the Motor Vehicle Division decides whether
your license if revoked for ninety days, six months or one year. You must
request the MVD hearing in writing within 10 days of the incident of date of
revocation notice, otherwise you will be revoked automatically 20 days after
the arrest. You must mail your written request to MVD in Santa Fe with a $25
check or money order.
- Glenn Smith Valdez
(representing those accused in all counties):
If you have been charged with refusal to submit to a breath or blood test, or
if you provided a breath or blood sample with a B.A.C. of .08 or higher if over
21 years of age, or .02 or higher if under 21 years of age, your Driver's
License or privilege to drive will be revoked twenty (20) days after your
arrest, unless you make a written request for a hearing, within ten (10)days of
your arrest.
- Bill Tinker:
The police appear to be focusing on
drinking and driving rather than drunk driving.
- Farmington
- Nicholas Cullander:
The Sixth Amendment provides, in part, that criminal defendants have a right to "be confronted with the witnesses against [them]." This provision is generally referred to as the "Confrontation Clause" and means that criminal defendants have the right to cross-examine their accusers or witnesses who are testifying against them. While this principle has generally maintained its strength in the criminal court system, the U.S. Supreme Court has occasionally modified certain aspects.
- LasCrucas
- Nelson Cutter:
Persons under influence of intoxicating liquor or drugs; aggravated driving
while under the influence of intoxicating liquor or drugs; penalty.
- Sante Fe
- Peter Breen:
If you are arrested for DWI, you can lawfully refuse to take a field
sobriety test. You Do not otherwise have to talk to the police. Today,
the authorities are in the habit of video-taping the administration of
the breath test or other part of the booking process. Take this
opportunity to politely but clearly ask for an independent blood test.
- Ruidoso
- Adam Rafkin:
If you have been charged with a crime, call us at (505) 257-0129 immediately. Time is of the essence in protecting your legal rights...
- Sante Fe
- Tami Schneider:
Did you know that that the New Mexico Informed Consent Act provides additional mandatory jail time for refusal to take a breath or blood alcohol test? It is best to take a breath alcohol test. Breath alcohol tests can be attacked and sometimes excluded from court for failure of a licensed key operator˛ to properly calibrate the machine or irregularities in the machinešs log book.
The New Mexico standard for being drunk while driving is a .08 blood/alcohol content or being under the influence to the slightest degree. Saying "I only had a few." can be used against you.
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