Reader’s Question:

We all hope that my brother wins his DUI case in Santa Fe, New Mexico. Could you give us some things that he could be able to use as defenses on his DUI case?

Joan
Santa Fe, NM

Due to the complexities DUI cases, there could be almost limitless line of defense that your brother could use on his DUI case in Santa Fe, New Mexico. First is that intoxication or having consumed alcohol would not be enough because the prosecution should prove that your brother was actually driving. In the case of accident, this could be difficult if there are no witnesses to his being the driver of the vehicle. There should also be probable cause for the officer to legally stop, detain and arrest your brother because if not, evidence would be suppressed. Also, DUI checkpoints or the so-called sobriety roadblocks have particularly complex issues.

Regarding Miranda rights, incriminating statements could also be suppressed if the warnings were not given at the appropriate time. The prosecution should also prove that your brother was under the influence because the officer’s opinions and observations regarding intoxication could be questioned like the circumstances under which the field sobriety tests were given or the subjective nature of what the officer considers as “failing”. Witnesses could also testify that your brother appeared to be sober.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I’m so unfortunate to have been charged with DUI here in Las Cruces, New Mexico. I was told that I need to hire a DUI lawyer not just any lawyer. Why do I have to do that if I can just be defended by any lawyer?

Paul
Las Cruces, NM

Defending against a DUI charge in Las Cruces, New Mexico can be a tricky business. A defense lawyer for a DUI case should have an understanding of scientific and medical concepts and should be able to question tough witnesses including scientists and police officers. This is the main reason why you should get a DUI defense lawyer and not just any lawyer around. A DUI lawyer could just be able to get you off the hook, or lessen the fine or punishment imposed.

DUI laws have changed radically over the recent years and anyone who is charged with DUI faces complicated criminal procedures and a potentially devastating punishment that could be more severe than a penalty handed down in a felony case. An experienced defense lawyer who specializes in blood alcohol analysis and drunk driving cases could effectively handle criminal and administrative proceedings in a DUI case. But it’s unfortunate fact that many general practitioners attempt to represent clients with little or no training or experience in this very complex field and the results are disastrous.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

I failed the field sobriety tests when I was arrested for DUI but I heard that there are other factors than alcohol that can cause poor performance in the tests. What are these factors and can I use them in my defense for my DUI case in Rio Rancho, New Mexico?

Carmela

Rio Rancho, NM

Indeed, there are factors other than alcohol that can cause poor performance on DUI field sobriety tests (FST’s) and you can definitely use them as your defense in your DUI case in Rio Rancho, New Mexico. So even if you failed the field sobriety tests, this may be caused by unfair test conditions. These conditions include the distraction of flashing lights and traffic whizzing by, cold temperatures, rain or wind, nervousness, anxiety and/or frustration, unsuitable footwear such as high heels, dress shoes or boots, the test area being too dark or amidst glaring lights and the tests occurring on slippery terrain or uneven surfaces.

Many people who are sober would still struggle with these tests under any of those conditions. So even if you had a lot of flaws on these roadside tests, it can be blamed to the circumstances and setting rather than to you being intoxicated. A lot of people had tried the standardized FST’s on a steady floor, in a comfortable setting, without any nervousness or anxiety, and yet, they are unable to do it perfectly well.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I still have doubts about fighting my DUI case here in Albuquerque, New Mexico. Do you think that it will be better for me to plead guilty if the charge?

Elyse

Albuquerque, NM

You should not just dismiss the possibility of winning your DUI case in Albuquerque, New Mexico. Sure it will be difficult to defend this kind of criminal case, not to mention it would be costly on your part, but it is not likely that you would lose the case entirely. So always keep your hopes up and seek the help of an expert in this matter. But you should be careful in selecting a lawyer to help you on your DUI case. A lawyer should advise you about the administrative sanctions resulting from a conviction because it would be a malpractice if your DUI lawyer would not just do that.

You may ask why is it important for a lawyer to tell you about the extra penalties coming with a conviction or a guilty plea. The reason behind that is that they could include license suspension or revocation, a significant fine, jail time, substantially higher insurance rates, inability to rent a car and possible loss of your job, especially if your job involves driving. You should take these extra penalties into consideration when deciding to plead guilty. You’d be the loser in the end if you are not aware of these penalties.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

My cousin was driving home sometime last week when he was stopped because of a broken taillight. Unfortunately, he had been drinking and got arrested or DUI. What is the State’s burden of proof to prove him guilty of his DUI charge in Las Cruces, New Mexico?

Daija

Las Cruces, NM

The State of New Mexico should prove his guilt “beyond a reasonable doubt” on his DUI charge in Las Cruces, New Mexico, which is the highest burden of proof in the justice system. In comparison, probable cause is the lowest burden of proof. The level of proof for a probable cause is less than a 50-50 chance that you committed a violation of the law, but is all the police officer needs to write you a ticket or to arrest you.

Beyond a reasonable doubt, as the highest burden of proof, is really not defined. But despite of that, the clear and convincing evidence is a much higher burden. That is because your cousin’s freedom is on the line. A jury should have more than “tons” of evidence that he was under the influence before they could find him guilty. This may seem simple, but it is extremely convincing manner of making a jury understand just how much evidence is required before they can convict a person, thus branding the person a criminal for the rest of his life. Let’s put it this way, if a juror has a single doubt, based on a reason, as to your cousin being under the influence, they should follow the law and find him not guilty.

Tags: DUI, DUI arrest, DUI lawyer, DUI trial

Reader’s Question:

It seems like police officers in Santa Fe, New Mexico has run out of field sobriety test that even reciting the ABC is considered a test. Is failure on the ABC test regarded as a reliable indication that the driver was under the influence?

Caleb

Santa Fe, NM

Police officers in Santa Fe, New Mexico who are investigating a suspected DUI driver require the driver to complete field sobriety tests. One test that is being employed by the officers is the ABC test. They usually use the result of the tests to create probable cause for drunk driving arrest and gather evidence for a DUI case. In the ABC test, the officer would instruct the driver to recite the alphabet while standing with his/her feet together and arms down. Probably, officers would say that everyone knows the alphabet but truth is, it is easy to make a mistake for anyone who would be nervous or worried after being forced from a car along a busy street or highway.

The ABC test is not a reliable indicator of physical and mental impairment and it is not even recognized as a standardized field sobriety test by the National Highway Safety Transportation Administration (NHSTA). Because of that, the results of this test would carry out less weight in court than standardized field sobriety tests and an experienced DUI lawyer could demonstrate that the results could just as easily show that the driver was not impaired.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

It has already been explained to me by my lawyer that he could call upon expert witnesses to testify about the certain aspects of my DUI case here in Albuquerque, New Mexico. Is there an expert witness that can testify for me to dispute the results of the field sobriety tests?

Daisha

Albuquerque, NM

At some point on your DUI trial in Albuquerque, New Mexico, your DUI lawyer could decide to call an expert to testify on your case. Expert witnesses could be called to testify about the chemical tests, field sobriety tests, accident reconstruction, and other scientific aspects of your DUI case.

Field sobriety tests are actually not considered “scientific,” but the results could work in your favor if your DUI lawyer calls an expert witness to testify on your behalf. During the DUI arrest, if you have performed reasonably well on the field sobriety tests by displaying good balance, coordination, attention and reasoning, the expert witness could actually use your performance on the field sobriety tests to support the opinion that you were not under the influence at the time of driving. If you have shown signs of physical impairment but not mental impairment, the expert would testify that, because alcohol always affects your mind before your body, the physical impairment was probably due to something other than alcohol.

Tags: DUI, DUI lawyer, DUI trial, field sobriety tests

Reader’s Question:

I haven’t been arrested for DUI here in Rio Rancho, New Mexico and I wanna know a lot of things about it. For now, I’m just curious to know how police officers work in a DUI arrest. What are the common mistakes that police officers make in a DUI arrest?

Bernadette

Rio Rancho, NM

There are a lot of common mistakes that police officers make in a DUI arrest in Rio Rancho, New Mexico. The first on the list is stopping a vehicle based on anonymous call. A police officer could not rely on a phone call to stop a motorist if he/she does not have a name and address for the caller. Another one is to follow a motorist into his/her residence without invitation or without enough information to justify the entry. Our homes are protected by the Fourth Amendment to the US Constitution.

One other common mistake that police officers make in a DUI arrest is basing the arrest on the statements of the motorist alone. The police officer should have independent evidence to support these statements. This would often arise when the officer has not seen you in physical control of your car. Another thing on the list is to detain a motorist longer than is reasonable to investigate. The US Constitution doesn’t allow police officers to hold you without limit. These things along with other common mistakes that police officers make in a DUI arrest could be used as defenses in a DUI case trial.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

Peace of mind is probably the best thing that my sister could have after being charged for DUI in Santa Fe, New Mexico. She seems so bothered and don’t know what to do. What could be the best advice that you could give her?

Stacy

Santa Fe, NM

The list of worries goes on after your sister was arrested for DUI in Santa Fe, New Mexico. What she may be concerning now is not being able to drive and not being able to take care of her responsibilities and she may be confused about the law and possible penalties. One of the most painful aspects of being charged with DUI is the feeling of insecurity because she may not know what the best course of action is and what’s going to happen. There’s no doubt that facing a DUI charge is difficult. There are two things that she can do to regain her peace of mind.

First is that she should find an experienced DUI lawyer who’s an expert in DUI laws and knows the process, the system and how to fight for her rights. Then she needs to educate herself and have knowledge about DUI laws. If she is knowledgeable on DUI laws, she would have less confusion and more understanding and that means less anxiety and more peace of mind.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

A friend of mine is in jail right now after being arrested for DUI in Las Cruces, New Mexico. Does she have to post bail and when can she be released?

Violet

Las Cruces, NM

Before you friend could be released after a DUI arrest in Las Cruces, New Mexico, the officer would contact a judge who decides whether she will be released without bail, with bail, or kept in custody. She would most likely be released without bail and she would be given paperwork telling her when will the next court date is and where the Court is located. That is called being released “on own recognizance.” She will be given additional paperwork if the judge decides to set bail instead.

When she is released, she should contact a DUI lawyer regarding the possibility of lowering her bail or being released on her own recognizance instead. She must be taken before the Judge on the next available Court day after her arrest if the judge decides not to release her. In general, this usually occurs within 48 hours upon arrest, whether you were arrested on a weekend or a weekday. If she is in custody when she appears in Court for the first time, the judge must decide whether to adjust her bail or release her on her own recognizance. The judge would consider several factors when making this decision, including the charges filed against her, her living arrangements, her employment, her family considerations, prior criminal record, probation status, and any other reasons why she should or should not be released.

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