Steps to Take in Your New Mexico DWI/DUI Arrest
If you have been arrested for a DWI, our attorneys are here to help. At the Law Office of Mark Keller, we provide the aggressive defense you need that can minimize the potential penalties of your DWI. Call day or night to speak to an attorney.
What to Do in a DWI Arrest
A DWI arrest is a stressful and humiliating experience. But, you still have rights. When you are arrested for a DWI, there are a few steps to consider in order to avoid further penalties:
- Do not answer any questions that may be incriminating. Your right to silence is protected by the Fifth Amendment; you are under no obligation to admit to any illegal activity. While you can admit to having a drink earlier, it is important to never admit that you are presently intoxicated to the officer. Invoke your right to counsel immediately; however, always be polite when doing so.
- Field sobriety tests. There are three standardized field sobriety tests approved by the National Highway Traffic and Safety Administration (NHTSA). They are the Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One-Leg Stand. All Field sobriety tests have to be properly administered pursuant to the NHTSA Guidelines. If you feel that you are too intoxicated to perform any field sobriety tests, politely tell the police officer that you are declining his offer to take the field sobriety tests. Again, always be courteous but do not attempt to take tests that potentially could be used against you in court.
- Breath Test. Depending on the circumstance of your case, you may or may not want to take the police officer’s breath test. This type of evidence may help or hurt your case. If you know you have had too much to drink, it is in your best interest to politely refuse the breath test. It is much easier defending the “refusal” than a breath card that shows double the legal limit.
- Call an experienced DWI attorney. It is important to get in touch with a DWI attorney immediately after your arrest. Your New Mexico DWI attorney can start building your drunk driving defense and be there to ensure that you do not accidentally incriminate yourself when talking to police.
- Write down everything about your arrest. Individuals tend to remember more about events immediately after they happen. Details can win a trial, so record everything that you can remember. Try and remember things like:
- Where you were drinking
- How much alcohol you consumed
- The last time you had eaten
- The names of servers/bartenders
- Why the officer pulled you over
- If the officer was behaving in an inappropriate manner
- Where and when you were stopped
- If you were read your Miranda rights
- Your BAC level after the chemical test
- Request an MVD hearing. In New Mexico, you have 10 days from the day of your arrest to protect your right to drive. If you complete a written request for a revocation hearing and include a $25.00 check or money order, you may be able to protect your driving rights. Our attorneys can help you file this paperwork as well as defend you at the MVD Hearing. We will fight to keep your driving privileges.
The criminal defense attorneys at the Law Office of Mark Keller understand that a DWI can be an overwhelming experience. We are here to help. When you contact one of our criminal defense attorneys, we will start building a strong drunk driving defense on your behalf. We will investigate the circumstances of your arrest and aggressively fight the State so you can move on with your life.
Your New Mexico Drunk Driving Defense
If you are arrested for a DWI in New Mexico, there are immediate steps that need to be taken to protect your rights. The attorneys at the Law Office of Mark Keller will guide you with dignity through these steps and aggressively fight for your freedom. Contact one of our experienced DWI defense attorneys today to discuss your situation and learn how we can help.