Reader’s Question:

Getting the services of a DUI lawyer is probably the best thing that I do now after my DUI arrest here in Las Cruces, New Mexico. How would I know if the lawyer that I would hire is qualified to defend me?

Trip

Las Cruces, NM

It is not so hard to do a little research of your own when choosing the right lawyer to represent you on your DUI charge in Las Cruces, New Mexico. The wisest thing to do is to select a lawyer who specializes in DUI since DUI laws are complex and ever-changing. You have to find out what professional organizations they belong to. You have to look for the words “AV-rated” when searching because “AV-rated” is the highest rating achieved. You also have to find out how many years of experience they have in defending DUI cases. You can also check out if they graduate from an exceptionally accredited law school.

Many DUI lawyers offer free consultation so you can use that to your advantage. You can get to know these DUI lawyers and you have to go with your instincts. Keep in mind that the one that you will be hiring has your future in his/her hands.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I heard so much about the question of the accuracy of the field sobriety tests. Is it true that these tests are designed for failure? I want to clarify these things because my husband has been arrested for DUI in Santa Fe, New Mexico.

Betsy

Santa Fe, NM

The three-test battery of Standardized Field Sobriety Tests (FST’s) has been promoted by the National Highway Transportation Safety Administration (NHTSA) over the past 20 years and has been adopted in all 50 states. In three of these highly publicized “validation studies”, NHTSA claims to have found the proof that these FST’s are valid measures of blood alcohol content (BAC). All of these field studies are pretty consistent in terms of low false negative rates. But the same can’t be said of false positives, and that is what should concern us - the wrongly accused being arrested because of flawed “science.”

Even people who have been trained in DUI detection and Standardized Field Sobriety Testing have some thoughts on the subject. That is because studies show that the FST’s seem to be very subjective and are poor indicators of impairment when someone has low and mid-range levels of alcohol in their system. With this being said, officers usually say that a person accused for DUI performed poorly on FST’s. A lot of things can affect a person’s ability on the tests. A person can simply be nervous after being pulled over for a DUI suspicion. Also, the lighting conditions, type of clothing, atmospheric conditions, etc can affect the results of the FST’s. These are just basic examples that your husband can attack the results of the FST’s. With an experienced DUI lawyer on his side, they definitely would have a good defense on his DUI case in Santa Fe, New Mexico.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I have just been arrested for DUI here in Rio Rancho, New Mexico. This is the first time ever that I was charged with a criminal offense. I’m pretty nervous of what’s gonna happen next. What happens after my DUI arrest?

Felix

Rio Rancho, NM

After your DUI arrest in Rio Rancho, New Mexico, the police officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the Department of Motor Vehicles (DMV). The DMV conducts an administrative review automatically that includes an examination of the police officer’s report, the suspension or revocation order, and any test results. If the revocation or suspension is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

Within 10 days of receipt of the suspension or revocation order, you have the right to request a hearing from the DMV. The action will be set aside if the review shows there is no basis for the suspension or revocation of your driver’s license. You will be notified by the DMV in writing only if the revocation or suspension is set aside following the administrative review.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

My son was arrested for DUI in Albuquerque, New Mexico and he failed the breath tests that were given to him. We feel that these tests are inaccurate in getting blood alcohol content. But, how can we really challenge the breath test?

Harold

Albuquerque, NM

There are a lot of ways to get a breath test thrown out or to demonstrate that there is a reasonable doubt about an alleged breath test result and you cause this as a defense on your son’s DUI case in Albuquerque, New Mexico. One way of beating the breath test is if the required observation period was not followed by the police officer. New Mexico breath tests mandates that the police officer “keeps the subject in (his) immediate presence and deprives the subject of alcohol for 20 minutes preceding the breath test.” In general, the police officer must observe the person suspected for DUI for a period of 20 minutes before administering the breath test. This is to make sure he or she does not drink, eat, belch, burp, chew gum, regurgitate, etc.

Another challenge that can be placed against a breath test is the failure to properly give implied consent advisories. Prior to every breath test, the individual to be tested must be given oral and written notice of the Implied Consent Advisories. This is a list of information concerning the ramifications of failing or refusing a breath test. If the police officer fails to give oral and written notice, or if he does not read them in substantial compliance with the written version, the breath test is not admissible.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I live in Santa Fe, New Mexico and I haven’t been arrested ever for driving under the influence, though I have to admit that I do drink and drive sometimes. I heard from someone that the presence of mouth alcohol can contaminate the breath alcohol test results. How true is this and how can this happen?

Abigail

Santa Fe, NM

It’s good to know that even though you drink and drive, you have not been caught drunk driving in Santa Fe, New Mexico. You can be considered as lucky, then. Anyways, regarding your question, it’s true that the presence of mouth alcohol can actually contaminate the breath alcohol test results. DUI breath testing machines detect alveolar air of the deep lungs, which is loosely correlated with blood alcohol level. But these breath testing devices can be “tricked” by latent alcohol in the mouth-often caused by belching, burping, or the recent use of breath spray, cold medicine, cough syrup or mouthwash.

The breath testing device gives blood alcohol content (BAC) readings greatly higher than the true BAC when it picks up mouth alcohol rather than deep lung air. This becomes a particular problem for DUI arrestees with braces, cavities, dentures, denture adhesives, food impactions, orthodontic work or who have food particles trapped between their teeth because all of these conditions tend to produce mouth alcohol.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I am trying to find an insurance company who would give me coverage after my DUI conviction in Las Cruces, New Mexico. My previous insurance company cancelled my policy after the term. What are the things that I should consider looking at when purchasing car insurance policy?

Gemma

Las Cruces, NM

Nowadays, car insurance is a very big thing after a DUI conviction. So you have to make sure that you look at every little detail before buying a car insurance policy after you DUI conviction in Las Cruces, New Mexico.

Remember that when you do get a quote, that is not the definite amount that you are going to pay when you get that policy. You can use the quote as a guideline to decide which company sounds more reasonable than another. You also have to look at the fine print because it would allow companies to say what they want hoping you don’t see. You have to make sure that you read everything on the quote especially the fine print. Keep in mind also that in DUI cases, it is very rare to receive a great deal. Most of the car insurance deals are too good to be true. You also have to make sure that you fill out the information on a quote for DUI as correctly as possible because this would give you the closest quote to the real rates.

If you are able to choose the right car insurance company who would give you coverage after DUI, the money savings benefits will be large enough to offset some of the higher prices of gasoline for your vehicle because no one wants to throw away money.

Tags: drunk driving insurance, DUI, insurance

Reader’s Question:

I was charged with DUI here in New Mexico and I want to have all the legal help that I could have. How can having the services of a DUI lawyer help me in my case?

Matt

Albuquerque, NM

A DUI conviction can have long-lasting ramifications on you. It is very essential that you hire an experienced DUI lawyer who would help you defend your case. Only a qualified DUI lawyer can keep you out of jail, help you save your job and also save your driver’s license.

A New Mexico DUI lawyer focuses on the defense of state and federal criminals accused of DUI. They look into cases regarding drunken driving or for driving under the influence of a substance which is intoxicating. A DUI lawyer would help you in preventing your license from being revoked or suspended, and would represent you at the hearing. They have access to expert witnesses who could help you on your defense. They have the best understanding on DUI laws in New Mexico. The DUI lawyer could also call for an acquittal of the case or a dismissal. You may be wary about the cost of a good DUI lawyer. There are a lot of good and affordable DUI lawyers who could represent you on your case.

Tags: DUI, DUI lawyer

Reader’s Question:

My cousin was charged with DUI here in New Mexico. A friend has pointed out the importance of hiring a lawyer to defend him on his case but he doesn’t seem to take it seriously. But really, does he need to hire a DUI lawyer or can he just represent himself in court alone?

Joel

Santa Fe, NM

I’ll tell you what; a DUI lawyer would represent your cousin in the best possible light. DUI lawyers know what arguments work well to lessen his charges. The answer to your question as to whether or not he needs to hire a DUI lawyer would still depend on several factors. If he has several DUI convictions on his record, injured someone as a result of his drunk driving, or needs to keep his license in order to work his job, he should hire a DUI lawyer. Going without a DUI lawyer in these situations is dangerous.

If he is not facing these types of extenuating circumstances, he may choose to go without a lawyer. However, he may still want one to help him understand New Mexico’s DUI law. Also, he may want a DUI lawyer if his blood alcohol content was quite a bit over the legal limit.

If you still feel unsure about whether or not your cousin could benefit from representation, tell him to feel free to contact a DUI lawyer. Many of these DUI lawyers actually provide free consultations for potential new clients. Allow the lawyer to tell your cousin exactly how he can help him, and then, that’s when he can make his decision.

Tags: DUI, DUI lawyer

Reader’s Question:

I was charged with DUI here Rio Rancho, New Mexico. I’m thinking about just pleading guilty of the DUI charge. I actually haven’t made up my mind as to what exactly I would have to do. What are the possible defenses that I could have in facing my DUI charge?

Jared

Rio Rancho, NM

Before even considering pleading guilty of your DUI charge in Rio Rancho, New Mexico, there are many defenses that you could have on your DUI case. You, as a defendant, need only create reasonable doubt in one area in order to prevail against a DUI charge.

You are not necessarily guilty if the machine used to test the blood alcohol content (BAC) in your system said that you are above the legal limit. An expert DUI lawyer could help you challenge the accuracy and reliability of the results of your BAC tests. Some people are actually not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others also suffer from medical conditions such as persistent heartburn, which can cause falsely high readings in breath tests.

Other possible defenses would arise if the arresting officer administered the chemical test incorrectly or if the Miranda warnings were not given at the appropriate time. Evidence could also be and would be suppressed if the police officer did not have a legal cause to pull you over, detain and arrest you.

There are still other defenses that you could use to defend your DUI case because defenses may arise from different areas. It is very critical to consult with a DUI defense lawyer to determine which defenses may apply in your case.

Tags: advice, DUI, DUI lawyer

Reader’s Question:

My sister has a potential DUI conviction here in New Mexico. We already have an idea about the possible penalties that will be imposed on her. What we don’t really know yet is the impact of this on her insurance. What will be the possible effects of DUI on her auto insurance?

Maddie

Albuquerque, NM

In New Mexico and all the other states, car insurance premiums are already significant. But, if your sister would be convicted of DUI, her premiums can skyrocket.

It is a foregone conclusion that your sister’s premiums would increase once she has been convicted of a DUI. When a driver has been convicted of DUI, the car insurance company that carries the policy on that person will consider him/her a high-risk driver. From the perspective of car insurance company, an individual who drives under the influence exposes the company to a significant level of financial risk. This increased level of risk is because of the potential liability from property damage and human casualties that a DUI implies may happen in the future.

If she will be convicted of a DUI, her insurance carrier may cancel her policy. A DUI implies significantly greater financial exposure for a car insurance company to underwrite her policy. If the insurance company considers her too great a risk as a driver for them to continue carrying her policy, they may simply cancel it mid-term. This could often happen when a driver has received the conviction after having a clean driving history with “preferred driver” status. The insurance company can sometimes allow her contract to expire at the end of its term and refuse to renew her policy.

The effects of a DUI on your sister’s insurance can be hard to manage. At the very least, she will almost certainly have to pay much higher premiums on her existing car insurance policy. However, if her insurance carrier cancels or refuses to renew her policy, she will be forced to find another carrier who is willing to underwrite a policy given her “red flag” status.

The key is to plan ahead once arrested for a DUI. Then, consult a legal expert regarding how best to approach your car insurance problems before a DUI conviction follows.