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Category Archives: DUI/DWI

New Mexico Criminal Law Blog

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Several police car during patrol at night.

What Happens When a DUI Results in Someone’s Death?

Posted on by JACK MKHITARIAN

When someone dies as a result of drunk driving, it is no longer just a DUI case; it is now a vehicular homicide. Not only will the driver be charged with a DUI (a misdemeanor), but now they face vehicular... Read More

drug-diversion_600x400

Are Senior Citizens at Higher Risk for a DUI?

Posted on by JACK MKHITARIAN

If you were to think about which demographic is at high-risk for a DUI, you would probably think of those in their 20s. When it comes to seniors, you would think that an elderly person is at low risk, because... Read More

blood alcohol

What Are the Breath Test Admissibility Requirements in New Mexico?

Posted on by JACK MKHITARIAN

To have your breathalyzer results admitted into court against you in a DUI, the requirement is not much. The state only requires that the officer be certified by the state Scientific Laboratory Division for operating that machine, and the machine... Read More

body cam

What Are the Benefits of Body-Worn Cameras?

Posted on by JACK MKHITARIAN

Body-worn cameras allow law enforcement to not only provide training opportunities but can help eliminate any gaps between officer and defendant testimony. Generally, these cameras are designed to help protect civilians and law enforcement, but in a criminal case, these... Read More

A gavel and a shot of tequila with lemon.

What Happens If I Do Not Attend My First DUI Court Date?

Posted on by JACK MKHITARIAN

You might not be held until your first court appearance after a DUI, but if you do not show up for that court appearance, a judge will issue a bench warrant for your arrest. Furthermore, any bail you paid (or... Read More

A police office checking for breath in Albuquerque

Can You Turn around before a DUI Checkpoint?

Posted on by JACK MKHITARIAN

Typically, turning around before a DUI checkpoint, or turning down a different street to avoid the stop, is not illegal. However, it all depends on where you begin your turnaround, whether you are breaking traffic laws at the time, and... Read More

A driver being tested for alcohol level.

Are DUI Sobriety Checkpoints Legal?

Posted on by JACK MKHITARIAN

DUI sobriety checkpoints are legal. The U.S. Supreme Court has found them legal because they feel that these checkpoints deter clear public safety hazards. However, a checkpoint does invade a person’s rights, including the right to be protected from unlawful... Read More

Keys of a client with a DUI case

What Happens if You Get a DUI in New Mexico?

Posted on by JACK MKHITARIAN

Whether it is a first offense or a subsequent one, getting a DUI in New Mexico is a serious criminal offense. Most likely, you will have a driver’s license suspension for a minimum of 90 days, and depending on the... Read More

fight dui

Can I Reopen a DUI Case?

Posted on by JACK MKHITARIAN

Depending on the circumstances, you could reopen a DUI case. However, not all DUI cases can be explored again. If you were convicted of a DUI, you will need to discuss reopening with an attorney and see if your case... Read More

drink, keys and handcuffs

Can a DWI be Reduced to a Lesser Charge?

Posted on by JACK MKHITARIAN

Yes, in some instances a DWI can be reduced to a lesser charge. However, the chances of that happening are incredibly low if you attempt to do so without representation. The only way for the charges to be dropped entirely... Read More

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