Your Rights When Being Accused of a DWI in New Mexico

If an officer suspects you have been drinking, he or she will begin the procedure of field sobriety tests. In the unfortunate event of this happening, it is important to remember your rights:

  • The right to an attorney. When invoked, the officer cannot ask you any questions without the presence of an attorney. You may politely invoke this right as soon as the officer asks you if you have been drinking.
  • The right to refuse to take the field sobriety tests and/or breath tests. The officer may ask you to take their field sobriety test; however, depending on how much you actually have had to drink, it may not be a good idea to take either the field tests or the breath alcohol tests. Politely tell the officer that you are not going to take the tests.
  • The right to remain silent. You do not have to answer any questions that may be incriminating or uncomfortable.
  • Field sobriety tests. Depending on your circumstances it may be in your best interest not to take the field sobriety tests.
  • The right to an independent blood draw. You should ask the officer for an independent test which will be paid by the law enforcement agency that is arresting you. Do everything in your power to get this done.

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Under the Implied Consent Law in New Mexico, licensed drivers are required by law to submit to a breathalyzer or blood test if an officer has probable cause for a DWI arrest; however, refusing the breath test may be in your best interest depending on how much alcohol you have had to drink. Refusing the breathalyzer may result in the more serious charge of aggravated DWI.

At the Law Office of Mark Keller, we are well informed of the tactics law enforcement use during DWI traffic stops. These subtle tactics are not always legal and may infringe upon your rights. As your attorneys, we will investigate to make sure your rights were not violated during your arrest and start building an effective Albuquerque DWI defense on your behalf.

Aggressive Drunk Driving Defense for Albuquerque

If you are arrested for drunk driving, you need a strong defense to beat the charge. At the Law Office of Mark Keller, we understand that this is the most important event in your life and will start building your DWI defense as soon as you are arrested. Our firm has combined experience of over 80 years of experience helping numerous clients by providing aggressive drunk driving defense in New Mexico. We are committed to defending your rights and fighting for the best possible outcome. Contact one of our experienced Albuquerque attorneys today to discuss your DWI.