Los Lunas DUI Attorney
Los Lunas, New Mexico, sits south of Albuquerque on the I-25 corridor and has approximately fifteen thousand residents. A primary thoroughfare for travelers, I-25 sees hundreds of thousands of vehicles every day, and thousands of people get pulled over by authorities each day as well.
In 2021, New Mexico recorded 2,150 alcohol-involved accidents and 157 alcohol-involved fatal accidents. These numbers represent a slight increase from the 2,020 alcohol-involved accidents and 134 alcohol-involved fatal accidents in 2020.
In some cases, overzealous officers and unrealistic quotas can result in unlawful and inappropriate arrests. Luckily, that is where the skills of a seasoned DUI attorney in Los Lunas come in handy. Our team will collect information about your arrest to create a strategy that exposes the weaknesses in the State’s case.
If you or a loved one are facing a DUI charge in New Mexico, contact the New Mexico Criminal Law Offices today so a DUI lawyer in Los Lunas can start reviewing your case.
New Mexico DUI Laws: An Overview
New Mexico Statutes Annotated § 66-8-102 defines driving under the influence (DUI) as operating a motor vehicle while:
- Your blood alcohol concentration (BAC) is 0.08% or more, or
- Your driving ability is impaired by the use of drugs or alcohol.
In some cases, a defense lawyer can use information from your case to cast reasonable doubt on an element of the offense. If the prosecuting attorney knows they cannot prove the charges against you beyond a reasonable doubt, they may agree to dismiss the charges or reduce them to lesser charges.
Facts that may increase the likelihood of lowering your charges include the following:
- Law enforcement stopped you without reasonable suspicion of criminal activity;
- Someone else was operating the vehicle;
- The breathalyzer used to collect your breath sample was defective or improperly maintained, making the results unreliable; or
- Law enforcement failed to follow proper procedures when collecting your breath or blood sample.
There is no guarantee that the district attorney will agree to reduce or dismiss your charges. We will review the circumstances of your case and discuss your expectations. Contact New Mexico Criminal Law Offices today to talk to a member of our team.
Penalties for a DUI in Los Lunas, New Mexico
A first-time DUI conviction in New Mexico is considered a misdemeanor. The potential penalties include:
- Up to 90 days in jail,
- At least 24 community service hours,
- Participation in DWI school,
- A fine of up to $500, and
- Loss of your driver’s license for one year.
The potential penalties increase when you receive subsequent drunk driving convictions. A second-time DUI conviction includes the following potential penalties:
- Up to 364 days in jail,
- A fine of up to $1,000,
- At least 48 community service hours, and
- Participation in DWI school.
A third-time DUI conviction in New Mexico carries the following potential penalties:
- At least 30 consecutive days in jail,
- Up to a total of 364 days in jail,
- A fine of up to $1,000, and
- At least 96 community service hours.
If you lose your driver’s license, you can apply for an ignition interlock license, which costs $113.00. Additionally, you are responsible for the costs of keeping and maintaining that device in your vehicle.
The financial consequences of a DUI add up quickly. Additionally, a DUI can negatively impact other areas of your life, such as:
- Available job opportunities,
- Suitable living arrangements, and
- Acceptance into a college or university.
A DUI conviction on your criminal record can result in more of a headache than you might expect. Hiring a Los Lunas DUI attorney gives you the best chance of getting your charges reduced or dismissed. Contact a member of our team today so we can start reviewing your case.
What Should I Do If I Get Pulled Over for Suspected DUI?
Many people do not anticipate getting pulled over when they start their day. There are some actions you can take to limit the officer’s ability to arrest you without adequate information. Our team prepared some tips to help you navigate your traffic stop.
Refuse to Perform Roadside Sobriety Tests
Field sobriety tests involve a variety of mental and physical tasks designed to alert police officers to signs of intoxication. The most common field sobriety tests include:
- Horizontal gaze nystagmus (HGN),
- One-leg stand,
- Walk and turn, and
- Vertical gaze nystagmus (VGN).
Roadside sobriety tests are completely voluntary, meaning you can refuse to take them without facing another criminal charge. Police officers will typically not tell you that you can refuse to complete a field sobriety test. If an officer asks you to perform field sobriety tests, politely decline the request.
Now you might think that you are not intoxicated and that taking the test might exonerate you. However, keep in mind that these tests are not based on normal human movements and can be tricky to perform well, even if you are sober. And the officers can use even the most minor issue against you as proof that you’re intoxicated. For instance, on the walk and turn, if you miscount your steps or fail to perfectly execute the officer’s complex instructions, they could use that against you as a sign of impairment. So it is typically best to politely decline.
Exercise Your Right to Remain Silent
Police will likely tell you they are simply conducting a traffic stop and want to ask you some questions. Even if you just want to explain your actions, the prosecution can use any statements you make as evidence against you. It is best to politely refuse to answer any questions and state that you are not saying anything without your lawyer.
Need Help Navigating Drunk Driving Allegations in New Mexico? Contact a Los Lunas DUI Attorney Today
The DUI court process is complex and confusing. A Los Lunas DUI lawyer can explain the complexities of the court process and answer any of your questions along the way.
A DUI conviction can result in jail time, losing your driver’s license, mandatory community service hours, and costly fines. If you or a loved one are facing DUI charges in New Mexico, you should contact a lawyer immediately.
Our attorneys at the New Mexico Criminal Law Offices have more than two and a half decades of experience representing clients charged with DUI in New Mexico. We take the time to meet with each of our clients personally and listen to the details of their case. Then we work to create a personalized defense strategy. If you want an attorney who gives you one-on-one attention with the goal of securing a favorable outcome, contact the New Mexico Criminal Law Offices today. We look forward to hearing from you.