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What not to do at a DUI checkpoint in New Mexico

On Behalf of | Jan 2, 2025 | Criminal Defense |

The state of New Mexico is cracking down on drunk driving. With too many fatal crashes involving alcohol in recent years, the state is understandably stricter about driving under the influence (DUI).

DUI checkpoints are a reality for drivers in New Mexico. That’s why knowing how to act at a checkpoint is important. Here are five actions to avoid at these stops:

  1. Don’t be confrontational with law enforcement: Be polite and respectful to the officers. Arguing or becoming aggressive will not help your situation.
  2. Don’t volunteer unnecessary information: Only answer the officer’s direct questions. You don’t need to offer extra details about where you’ve been or what you’ve been doing.
  3. Don’t consent to a search without a warrant: You have the right to refuse a search of your vehicle unless the officer has a warrant or probable cause.
  4. Don’t forget your right to remain silent: You have the right to remain silent. You don’t have to answer questions beyond providing your driver’s license, registration and proof of insurance.
  5. Most importantly, don’t try to avoid the checkpoint: Attempting to turn around or evade a checkpoint will only draw attention to yourself and likely result in officers pursuing you for drunk driving.

It’s important to cooperate with the officer’s lawful requests and not leave a checkpoint until an officer explicitly tells you that you’re free to go. Leaving before then could have serious legal consequences.

Suspected of a DUI at a checkpoint?

By avoiding these five “don’ts,” you can maintain a cooperative demeanor and avoid raising unnecessary suspicion. Being smart at a checkpoint is key.

However, sometimes officers may still suspect someone of DUI. You should know your rights and responsibilities under New Mexico law. If you find yourself facing DUI charges, consider consulting with an experienced attorney who can provide guidance that is specific to your situation.

Stay safe on the roads and always prioritize responsible driving to avoid the serious legal and personal consequences of a DUI.