Nothing is more frightening than getting pulled over for a DUI, especially when you have had a drink or two. However, New Mexico statutes afford all drivers due process of the law, including those that occur during traffic stops. If this EVER happens to you, it is critical to remember that you do not have to make self-incriminating statements.
Exercise your rights at a bare minimum to avoid unintended consequences, such as arrest.
In this article, Santa Fe County DUI attorney, Marc A. Grano, shares the essential steps for handling a DUI stop and addresses critical issues related to New Mexico DUI laws. His firm, Grano Law Offices, P.C. wrote this post to help citizens and visitors to the state maintain their legal rights.
Five Steps for Handling an NM DUI Traffic Stop
The responding officer follows standardized procedures when pulling drivers over on suspicion of operating a motor vehicle while under the intoxicating effects of alcohol or drugs. Below, we have outlined five steps that you can take should you find yourself facing this situation:
Step 1. Pull Your Vehicle Over Safely
When the cops stop you, they accuse you of breaking a traffic law or driving under the influence. You don’t want to make matters worse by driving recklessly or pulling into a dangerous area. As soon as you spot a safe spot, activate your turn signal, and pull over to the side of the road.
Step 2. Avoid Any Sudden Movements and Be Polite
Keep your hands on the steering wheel and await police directions. Avoid making sudden movements that make them feel unsafe. Doing so could aggravate your situation and put you and other passengers in danger. Also, be courteous to the police.
Step 3. Make No Self-Incriminating Statements
You must provide the officer with your name, driver’s license number, vehicle registration number, and proof of insurance. There is no obligation to respond to their incriminating questions with assertions that imply your guilt. Any statement you make could be used against you in a criminal court as evidence to prove that you were driving under the influence of intoxicating liquors or drugs.
Step 4. Ask to Speak with Your DUI Attorney
If you have been arrested, ask to speak with your DUI attorney. You may not have one at the time. However, the implication is that the criminal justice system will provide one, or you can hire private counsel. Either way, police must cease their line of questioning. At the same time, you seek legal advice from a DUI/DWI lawyer licensed to practice in New Mexico.
Step 5. Request an MVD License Revocation Hearing BEFORE THE DEADLINE
You could lose your NM driver’s license if arrested for a DUI/DWI. You will need to defend a separate civil matter to prevent this from happening. However, a limited time period exists on your ability to do so. As such, you must request a Motor Vehicle Division (MVD) License Revocation Hearing within ten days of receiving your initial notice.
Other Frequently Asked Questions
Every DUI traffic stop in New Mexico has unique facts and circumstances. While some DUIs involve alcohol, others may involve drugs. Drivers often ask about their ability to refuse a breath test. Our legal team addressed these more complex issues below:
What Happens If You Refuse to Provide a Breath or Blood Sample?
Refusing a blood alcohol test will not protect you from a DUI charge under New Mexico’s Implied Consent Act (NMSA § 66-8-107). A refusal may result in losing driving privileges for up to one year if you refuse a breathalyzer test. Additional consequences, such as increased penalties, jail time, and fines, may apply depending on your case’s circumstances.
How Are Drug DUI Police Stops Different?
The responding officer may dispatch a drug recognition expert (DRE) to the traffic stop if they cannot determine whether a person is under the influence of drugs, alcohol, or both. As a result, the suspect will first be given a portable breath test to check for alcohol. If that registers zero, but the officer still believes the individual is under the influence of a substance, they will request a DRE, who will use a 12-step process to determine if you are high and, if so, the substance causing intoxication.
You Are Innocent Until Otherwise Proven Guilty
If you have been arrested for DUI, it does not mean you will be convicted of a crime. There are numerous alternative defenses and techniques available to defend yourself against the allegations leveled against you. However, you may need to retain legal counsel and launch an aggressive offense and defense to get the results you want or deserve.
A DUI conviction will remain on your record for 55 years in New Mexico! This period could theoretically last a lifetime with no expungement recourse in the future. You will also face potential penalties, such as jail time, fines, and much more. A knowledgeable Santa Fe DUI defense team, like Grano Law Offices, P.C., will protect your rights and may even be able to reduce or dismiss the charges against you where possible.
Get Your Free Case Strategy Session Today
Our aggressive and highly-experienced DUI attorney will do everything possible to secure a favorable outcome on your behalf. Find out more during a Free Case Strategy Session with Grano Law Offices, P.C. by calling (505) 426-8711 or messaging us via the contact form below. If you are considering working remotely with your chosen legal team, we also offer secure video conferencing so that everyone in northern and central New Mexico can work with us conveniently.
