In New Mexico, a drunken driving offense is referred to as “Driving While Intoxicated” (DWI). Any person driving a vehicle within the state of New Mexico while under the influence of intoxicating liquor, or any drug to a degree that renders him incapable of safely driving a vehicle, will be charged with a New Mexico DWI.
Under the New Mexico “per se” DWI provision, a person with a blood alcohol level of .08% or greater will be presumed impaired. In such instances, the chemical test evidence is enough in and of itself to establish the element of impairment, so the prosecution will not be required to prove impairment.
If the DWI involved a personal injury accident or the driver’s blood alcohol level was .16% or greater, the offense will be considered an aggravated DWI.
DWI’s Account For Most Auto Accidents
In the state of New Mexico, as in the rest of the United States, drinking and driving is the single largest cause of motor vehicle related accidents and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.
Losing Your Driver’s License
Having a New Mexico driver’s license automatically provides your consent to be given a test to determine if you have been drinking if stopped by a law enforcement officer, while driving. This is known as the law of “implied consent” and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyzer test or by an actual blood test to check the BAC. Refusing to take the chemical test can result in jail time for 60 days and the arresting officer will take your license or your license will be revoked for one year.
Keep in mind that if you are suspected of a DWI in New Mexico and refuse test, you can be charged with aggravated DWI, which is an offense that carries harsher criminal penalties upon conviction.
Points can be added to your driving record and your license will be suspended or revoked, if you are convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.
You Don’t Have To Be Over The Limit
Remember, you can be charged with DWI despite having results of your breath test within the limit allowed by the law. You can still be convicted of DWI in a court of law if it is proved that your driving ability was impaired – albeit minimally due to the effects of drugs or alcohol. It is very important that, in the event you have been charged with a DUI/DWI, that you seek help from an experienced DUI/DWI attorney.
A Lawyer For Personal Injury
If you have been injured by a drunk driver or your vehicle was damaged you may be able to sue. We take personal injury cases through out all of New Mexico. If you were injured in New Mexico we can help. Give us a call at (505) 242-7200. Our personal injury lawyers are here to get you the best possible outcome.
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