DWI Checkpoints in Albuquerque, New Mexico

New Mexico is aggressively trying to counter the problem of drunk driving through DWI checkpoints, many of which are set up in the greater Albuquerque area. However, drivers still have rights when stopped at sobriety road blocks, and knowing your rights may be the foundation of an effective DWI defense, should you need one.

Legality of Sobriety Road Blocks & DWI Checkpoints in Albuquerque

dwi/dui checkpoint abq nm

DWI checkpoints are common strategies for municipal and state law enforcement agencies to crack down on drunk drivers. However, some states do not allow them, asserting that sobriety road blocks violate inherent constitutional rights.

New Mexico law allows DWI checkpoints—in other words, interpretation of the state and federal constitution have concluded that such stops do not violate civil rights. However, law enforcement agents must follow guidelines to inform drivers of their rights and to protect the exercise of those rights.

If you were arrested at a DWI checkpoint in Albuquerque, call (505) 842-1440 or message us here & schedule a free consultation with the Mark Keller Law Office.

Know Your Rights When Stopped

New Mexico has an implied consent law, meaning if you are stopped at a DWI checkpoint (or other routine traffic stop), you automatically consent to chemical blood alcohol concentration (BAC) testing—i.e. breathalyzer.

You may refuse a breathalyzer and blood test, but doing so may result in an arrest and a one-year license revocation. The law enforcement agent who stops you at the sobriety road block must follow a certain protocol and not deviate from it.

The implied consent law does not apply to field sobriety tests. You may refuse to perform all a field sobriety tests; however, the DA will try and use this against you.

Aggressive DWI Criminal Defense

In the push to reduce drunk driving, law enforcement agents sometimes are over-zealous. Investigating the circumstances surrounding your arrest to determine if your rights were upheld is the first step to building an effective defense against a DWI charge.

The attorneys at the Law Office of Mark Keller in Albuquerque, NM have the experience you need to thoroughly investigate your case and provide the aggressive Albuquerque DWI criminal defense you need to protect your rights and your future.

For a free case consultation, contact the Law Office of Mark Keller today.