A charge of Driving Under the Influence (DUI) in Edgewood, New Mexico, can instantly derail your life. The flashing lights in your rearview mirror are just the beginning of what can become a complex and intimidating legal journey. In the hours and days that follow, you have questions, and you might experience anxiety and concern about what comes next. It’s a moment when you feel judgment coming from all sides, and the path forward is anything but clear. An experienced Edgewood DUI attorney can help you understand your options and guide you through each step of the process.
We understand what you’re going through, and we want you to know that this single moment does not have to define your future. Before you resign yourself to the worst-case scenario, take a breath; the information that follows will help you understand the road ahead.
We founded New Mexico Criminal Law Offices on the principle of safeguarding the rights and freedoms of every person. We believe that every individual deserves a robust defense and a fair judicial process. An arrest is not a conviction, and our team works tirelessly to ensure the court upholds your rights. If you are searching for an Edgewood DUI attorney, our team will build a powerful, personalized defense tailored to the specific facts of your case.
Understanding the Two Fronts of a DUI Case
One of the most confusing aspects of a DUI charge in New Mexico is its dual nature. When an officer arrests you, the arrest triggers two separate legal processes that run parallel to one another.
The Criminal Case
This criminal case is the process most people are familiar with. The State charges you with the crime of a DUI, followed by a prosecution in criminal court. A conviction leads to criminal penalties such as jail time, fines, probation, mandatory DWI school, and substance abuse counseling, with penalties increasing after each conviction.
The MVD Administrative Hearing
This administrative hearing is a civil proceeding that deals exclusively with the status of your driver’s license. Under New Mexico’s Implied Consent Act, by driving on the state’s roads, you have already agreed to submit to a chemical test (breath or blood) if a law enforcement officer has probable cause to believe you are intoxicated.
You have only 10 days from the date of your arrest to request an MVD hearing, where you can challenge this revocation. If you fail to request the hearing in time, the MVD will automatically suspend your license. An experienced drunk driving accident attorney can manage this critical deadline and represent you at the hearing. As in criminal court, an attorney’s experience informs them of which arguments are most likely to succeed. So don’t hesitate to get the help you need to preserve your ability to drive.
Our Role in Accident-Related DUI Cases
When a DUI charge involves a traffic accident, the legal stakes skyrocket and add a second critical layer to the defense: causation. The prosecution must now prove two things—that you were impaired and that your impairment directly caused the collision and any resulting injuries.
Our role as your DUI accident lawyer now expands to a full-scale accident investigation. We retain and collaborate with accident reconstruction specialists to analyze the crash scene and challenge the police report’s conclusions about who was at fault. If there are alleged injuries, an Edgewood DUI attorney scrutinizes medical records to contest claims of great bodily harm, which is crucial when fighting felony enhancements. The primary goal is to demonstrate that the collision was not a direct result of the alleged impairment, a key strategy in mitigating the most severe penalties.
Building a Strategic Defense
The DUI lawyers at New Mexico Criminal Law Offices do not believe in a one-size-fits-all defense. We use the investigation to identify weaknesses in the prosecution’s case and use them to your advantage. A strong defense may involve:
- Challenging the traffic stop. Did the officer have a legitimate, reasonable suspicion to pull you over in the first place? If not, the court may suppress all evidence gathered from that point onward.
- Questioning field sobriety tests. These tests are notoriously subjective and can be affected by poor instructions, weather conditions, medical issues, or simple nervousness. We analyze the officer’s administration of these tests for any procedural errors.
- Scrutinizing breath and blood tests. Breathalyzer machines require precise calibration and maintenance, so we investigate the device’s history and the officer’s training. For blood tests, we examine the chain of custody and lab procedures to ensure no contamination or error occurred.
- Asserting violations of your rights. We verify that the police respected all your constitutional rights, including the right to remain silent and the right to an attorney.
Our legal team, including Jack Mkhitarian, Kenneth Gleria, and Jordan Haddad, has a wealth of courtroom experience from handling thousands of cases across New Mexico. We have appeared in nearly every courthouse in the state, which gives us invaluable insight into the local judiciary and prosecution strategies. This deep experience allows us to craft bold, effective defense strategies for our clients.
Contact Your Edgewood DUI Attorney Today
A DUI charge can be a serious threat to your freedom, finances, and future. Facing it alone is a risk you cannot afford to take. The legal system is complex, with strict deadlines and a prosecution that focuses on securing a conviction. You need a team of DUI lawyers who will stand between you and the power of the government.
The New Mexico Criminal Law Offices are ready to put our experience to work for you. We commit to providing aggressive representation and a personalized defense to achieve the best possible outcome. Do not wait for the State to build its case against you. Contact us today for a confidential consultation to discuss your case and learn how our dedicated legal team can help you navigate this difficult time. Your future is too important to leave to chance.
FAQs
Can I Get a DUI for Driving Under the Influence of Marijuana or a Prescription Drug?
Yes. New Mexico’s law defines DWI as driving while impaired by alcohol or drugs to the slightest degree that you cannot operate a vehicle safely. Substances like marijuana (even with a medical card) and legally prescribed medications can cause impairment. The prosecution doesn’t need a specific BAC level; they only need to prove impairment. They attempt to prove impairment using police testimony, blood tests, and the circumstances of the traffic stop.
Do I Have to Perform the Roadside Field Sobriety Tests?
No. In New Mexico, performing roadside tests like the walk-and-turn, one-leg stand, or horizontal gaze nystagmus (HGN) test is entirely voluntary. You have the right to decline these tests politely. They are notoriously subjective and often difficult to perform even when sober. However, refusing the chemical test (breath or blood) after a lawful arrest carries separate, automatic penalties, including a one-year license revocation under the Implied Consent Act.
What Is the Difference Between a DUI and a DWI in New Mexico?
While many people use the terms interchangeably, the legal charge in the New Mexico Statutes is DWI, which stands for driving while intoxicated. DUI, or driving under the influence, is a more common colloquial term used nationwide. If the prosecutor in Edgewood charges you, your official court documents will list the offense as a DWI, but the meaning and consequences are the same as a DUI.