Yes, it is possible to get a DWI case dismissed. Having said that, every DWI case cannot be dismissed. Reviewing the prosecutor’s evidence, conducting a thorough defense investigation, a substantiated constitutional violation, faulty DWI investigations, discovery violations, or other issues may lead to a dismissal.
You will also need to approach getting a dismissal properly. Hiring a New Mexico DUI/DWI defense attorney will help you decide if a dismissal is possible, and if so, negotiate and present this information to prosecutors.
In This Article
DUI/DWI defense attorney, Marc A. Grano, discusses some common defenses that could lead to a dismissal of your charges. He also shares helpful tips on protecting your legal rights throughout the process. Grano Law Offices, P.C. wrote this post to help people arrested for a DUI/DWI or their loved ones get general legal information about these types of charges.
Common DUI/DWI Defenses That Could Lead to a Dismissal
Your New Mexico DUI/DWI defense attorney will start by investigating the circumstances surrounding your stop, testing protocols, and arrest. Under state and federal law, police must follow stringent standards. If they violate your civil rights, there may be grounds to dismiss the charges you or your loved one face.
Common DUI/DWI defenses that could lead to a dismissal include:
Defense 1. No Reasonable Suspicion to Stop Your Vehicle
Police must have a lawful, valid reason to pull your vehicle over. They usually meet the reasonable suspicion standard by seeing a traffic violation or erratic driving behavior. However, a review of police video footage could reveal that they did not meet it in your case.
Related Article: How an Unlawful Police Stop Can Become Your DWI Defense
Defense 2. No Valid Reason to Test You
The responding officer must be able to explain why they asked that you perform the standardized field sobriety tests (SFSTs). SFSTs include the Horizontal Gaze Nystagmus (HGN) test, walk & turn test, and one-leg stand test. If the police did not have a valid reason to perform these tests, your attorney will use this as part of your defense even if you failed them.
Related Article: What Are the Standardized Field Sobriety Tests?
Defense 3: Flawed Testing Procedures
Before arresting you, law enforcement in New Mexico will conduct tests to gather evidence, including field sobriety tests, breathalyzer testing, and chemical tests to prove blood alcohol content (BAC). All of these must be adequately conducted for them to be legal. Incorrectly administered sobriety tests might result in a dismissal.
Related Article: What Are the Penalties for a DUI in New Mexico?
The above-referenced list holds only a few examples of how you could get your DWI/DUI charges dismissed in New Mexico. Prosecutors are willing to discuss a dismissal of the charges with your lawyer if there is a clear violation of your civil rights.
However, not all cases are cut and dry. If the prosecution is aware that their case is weak, they may be willing to discuss a plea deal even if not dismissed outright. This is why it is crucial to hire a DUI/DWI lawyer to defend your case, protect your rights, and fight to get your charges dismissed.
What to Do After You Get a DWI/DUI in New Mexico
It’s not unusual for clients to feel frightened after a DWI/DUI arrest in New Mexico. However, mistakes could cause unwanted legal consequences, such as added penalties. Protect your case as early on as possible by taking a few proactive measures that aim to prevent mistakes from happening in the first place.
Below, we have outlined seven tips that you may find helpful:
- Tip 1: Do not speak to police without a lawyer present
- Tip 2: Attend all court appearances on time and in proper attire
- Tip 3: Follow your lawyer’s advice and always ask questions
- Tip 4: Take your charges seriously since they can stay on your record for up to 55 years
- Tip 5: Avoid pleading guilty at your arraignment, as you will be left with few options after that
- Tip 6: Answer your lawyer’s questions truthfully if they ask about specific facts
- Tip 7: Fight for your right to drive by requesting an MVD Administrative Hearing within ten (10 days) of your arrest
Hiring a DWI/DUI defense lawyer will help you mount a legal defense that fights to get your charges dismissed. Accomplishing this goal is challenging and procedural but not impossible when your request has merit and is backed by evidence. Ensure you work with a legal team with the experience, training, and resources you believe your case deserves.
Related Article: 7 Mistakes to Avoid After a New Mexico DWI/DUI Arrest
Where to Learn More About Your Legal Rights and Options
The most direct way to learn about your legal rights and the possibility of getting your charges reduced is by speaking with a DWI/DUI defense attorney. We can perform an intake of the facts, schedule a Free Case Strategy Session and discuss how your case could unfold. This process is tremendously helpful if you or a loved one were arrested for a DWI/DUI in New Mexico.
Call Grano Law Offices, P.C. for a Free Case Strategy Session
Grano Law Offices, P.C. welcomes you to contact us for a Free Case Strategy Session at (505) 426-8711 or message us online. We can also schedule a video conference if you cannot travel to our Las Vegas, NM location.
