Follow through on the police officer’s instructions if you encounter a DWI/DUI checkpoint in New Mexico. Avoid making self-incriminating statements and remain calm throughout the process. If the police arrest you at a DWI/DUI checkpoint, hire a criminal defense attorney to handle your charges.
In this post, a New Mexico criminal defense lawyer at Grano Law Offices, P.C. discusses DWI/DUI checkpoints, what to do if you come across one, and what to do if you get arrested. While the information presented below is helpful, you should always seek personalized legal advice for questions related to a specific case.
What Is a DWI/DUI Checkpoint?
DWI/DUI checkpoints are coordinated law enforcement operations that involve considerable resources and specified planning requirements. The checkpoint itself is a temporary barricade marked by signs, cones, reflective tape, and emergency lighting. The officers operate under a very strict set of guidelines when and how they encounter drivers.
They are limited in their initial questioning and the amount of time they encounter the driver. Typically, one set of police officers screens passing drivers for signs of intoxication while others conduct safety and conduct standardized field sobriety tests (SFSTs).
They are typically looking for the following:
- An odor of an alcoholic beverage
- Admissions to consuming alcohol
- Bloodshot eyes and or watery eyes
- Open containers
- Slurred speech
- Other signs of impairment
When an officer suspects a driver is under the influence of drugs or alcohol, they may direct you to pull your vehicle over to a secondary area for further investigation. Otherwise, the police will permit you to continue on your way.
Tips for Handling a DWI/DUI Checkpoint in New Mexico
One of the biggest mistakes people make at a DWI/DUI checkpoint is committing an illegal traffic violation in order to avoid the checkpoint. An illegal traffic violation may give the police reasonable suspicion and therefore the ability to stop you and investigate further. Do not give them any more ammunition or reason to pull your vehicle over.
Here are a few tips for handling a DWI/DUI checkpoint in New Mexico:
- Tip 1. Remain calm and have your driver’s license, insurance, and registration documents ready.
- Tip 2. Avoid volunteering any information. Only provide answers to the questions you know, and do not speculate.
- Tip 3. Do not violate traffic laws or perform an illegal U-turn to avoid a checkpoint since this behavior makes you look suspicious.
- Tip 4. Review historical information about New Mexico DWI/DUI checkpoints here, and do not drive through areas where you know one could occur.
- Tip 5. New Mexico is an implied consent state. By operating a motor vehicle in the State of New Mexico you have consented, if properly advised, to breath or blood testing if you are arrested for DWI/DUI.
- Tip 6. Exercise your right to remain silent. Your lawyer can help you sort out the investigation and charges. A DWI/DUI conviction can stay on your record for up to 55 years!
You can also check out this blog post, “7 Mistakes to Avoid After a New Mexico DWI/DUI Arrest.”
However, if you are sober, you may believe that you have no reason to worry about going through a DWI/DUI checkpoint in New Mexico. While this assertion is true for most people, there are still flawed investigations that can result in an arrest. If this happens to you, your DWI/DUI lawyer can help you handle these charges as well.
For most sober drivers, it is relatively easy to make it through a DWI/DUI checkpoint. Try to remain patient and calm, even if you are in a hurry. Police should allow your car to move through the barricade quickly unless they suspect impairment.
New Mexico DWI/DUI Lawyers Can Help After an Arrest
If a police officer arrested you or someone you know at a DWI/DUI checkpoint, hire a legal professional to represent your case. A DWI/DUI defense attorney routinely defends people in your situation. We can review the facts of your case and provide a case strategy that seeks to get your charges dropped, dismissed, or reduced.
Your defense counsel could accomplish this objective by challenging or raising any of the following issues:
- Time, location, and duration of a checkpoint
- Apparent and visible to oncoming motorists
- Length of time police detained motorists
- Whether police stopped motorists randomly
- The weather during the checkpoint
- Health or physical limitations
Do not put your future or freedom on the line. Hire a DWI/DUI lawyer with the experience, skills, and knowledge needed to provide an effective, strategic defense on your behalf. We ensure that your rights remain protected while trying to work out a better outcome on your charges.
Get a Free Case Strategy Session Now
At Grano Law Offices, P.C., our legal team will handle all aspects of your DWI/DUI case and explain your legal options clearly. Get the help you want and deserve. Learn more about your rights today by calling (505) 426-8711 or directly message Marc Grano below.
