For many New Mexico motorists who are charged with driving under the influence, it might be the first time that they have faced criminal charges. People might not know what to expect when they are arrested for DUI offenses. When people are arrested, they will go through the booking process and will then either be released on their own recognizance or will be assessed bail.
The booking process is what occurs after someone is arrested. The person will be taken to jail. The officer will get the person’s name and document his or her identifying characteristics. The officer will also document information about the alleged offense and complete a background check of the arrestee. The arrested person will be searched, photographed, and fingerprinted. His or her personal belongings will be taken away and stored, and he or she will be placed in a cell.
Most DUI suspects will be able to obtain release from custody through either bail or based on their own recognizance. If bail is assessed, they may post money to secure their release with the promise that they will attend all of their court dates. First-time DUI offenders without criminal records may sometimes be released on their own recognizance. This means that they will not have to post bail or bond, but they will have to promise to show up to court.
Once people have been released from custody after being arrested for drunk driving, they may want to talk to an experienced DUI defense attorney as soon as possible. Getting help from a lawyer might allow people to secure more favorable plea offers. An attorney may also identify constitutional problems with how the stop, search, or investigation was completed and be able to get the evidence suppressed or the charges dismissed.