3 mistakes that can ruin your DUI defense

On Behalf of | Jun 21, 2022 | Drunk Driving |

Remaining calm during a traffic stop is never easy. This is especially true if you have just had a couple of drinks and you are not sure if your blood alcohol content (BAC) level exceeds the legal limit.

If you are pulled over for drunk driving, it is in your best interest that you do everything in your power to get off the hook. Remember, a New Mexico DWI conviction can have far-reaching consequences. However, in an effort to get out of trouble, it is important that you steer clear of these mistakes:

Refusing an alcohol test

Under the New Mexico Motor Vehicle Code, any person who drives a vehicle within the state is deemed to have given their consent to an alcohol test whenever law enforcement asks them to do so. Refusing to yield to an alcohol test can lead to serious consequences such as the withdrawal of your driver’s license and an aggravated DWI charge that attracts automatic jail time. 

Assuming that your goose is cooked

Just because the breathalyzer equipment has returned a positive result may not necessarily mean that you were drunk at the time of the arrest. A number of factors can lead to a false positive. These include fault with the breathalyzer equipment, improper test administration or a preexisting medical condition.

Talking too much

If the police ask if you have been out drinking, politely tell them that you are not ready to talk in absence of your lawyer. Never attempt to talk yourself out of trouble when facing a potential DWI charge.

Driving while intoxicated is a serious offense in New Mexico. Knowing the do’s and don’ts during your DWI stop can help you avoid costly mistakes that can hurt your defense.