You are the designated driver and you’re taking your friends home after a night out. Suddenly, you find yourself being pulled over by law enforcement. There are questions regarding your sobriety and ability to drive safely, and the officer is telling you that (based...
Drunk Driving
Potential reasons to challenge a breath test
Don’t assume that a breath test is accurate. Don’t assume that failing the test during a DUI stop means that you are going to be convicted. People often look at breath tests this way, but it is not realistic. The tests are sometimes wrong and a conviction is never...
Understanding your rights when taking a field sobriety test
During a traffic stop, the police can use multiple tools to determine whether a driver is drunk. Some officers will evaluate a driver with a chemical breath test. The police may also ask drivers to perform a field sobriety test. What are field sobriety tests? These...
Can You Sober Up Fast Before Driving?
Myths surrounding being drunk and driving are endless, and how to sober up fast is one of them. In New Mexico, it's unlawful to drive with a breath or blood alcohol concentration (BAC) of 0.08 or higher, 0.02 or higher for drivers under 21 and 0.04 or more for...
Avoid These 3 Mistakes When Accused Of Drunk Driving
If you are pulled over, you must remain calm. While this is often challenging, especially if you have had a few drinks, ensuring you do not make the situation worse is imperative. Being stopped on the suspicion of drunk driving isn’t ever a good situation. However,...
2 Things You Can Challenge To Fight A Texas DUI Charge
Facing a conviction for DUI is a really worrying time, especially when you feel like you weren't in the wrong. Challenging the word of a police officer can often feel too difficult and even pointless. There are times, however, when police officers get it wrong, and...
3 Reasons To Question The Accuracy Of A Chemical Breath Test
The popularity of crime television shows that focus on police procedures and criminal court has given people a false sense of certainty about what happens in the criminal justice system. The stories depicted on popular television shows and in movies are often wildly...
What’s “per se” intoxication in a drunk driving case?
Sure, you had a couple of beers or a glass of wine with dinner – but you definitely weren’t drunk. You didn’t even feel slightly buzzed. You knew you were safe to drive. You did, however, slide through a traffic light after it turned red or violated another traffic...
DUI defense: Does the legality of your traffic stop matter?
Your DUI arrest likely began when the police pulled you over. The legality of the traffic stop could form a crucial part of your defense. This is because the U.S. Constitution protects you from unreasonable searches and seizures by the police. If the police stopped...
Can you refuse to take a field sobriety test?
Knowing your rights regarding DWI stops, including any right to refuse police tests and what could happen if you decide not to take them, is essential. In New Mexico, you are not required to take a field sobriety test if you are pulled over for suspicion of driving...