New Mexico DWI/DUI Laws
In New Mexico, DWI stands for Driving While Intoxicated. A DUI is the same offense by a different name and stands for Driving Under the Influence. While you may not be drunk, if an officer can reasonably argue that you are impaired, you may be arrested for DWI/DUI.
Under the current New Mexico drunk driving laws, any individual may be arrested for DWI/DUI if they are impaired to the slightest degree. However, there are some key “limits” to pay attention to:
- 0.08% BAC is the legal limit
- 0.02% BAC is the legal limit for anyone under 21 and commercial vehicle drivers
- 0.16% BAC is the marker for added penalties like Aggravated DWI/DUI
If an officer believes beyond a reasonable doubt that your alcohol consumption has impaired your ability to drive, you may be arrested for DWI/DUI even if your BAC is below the legal limit. In the event of an arrest, it is important to talk to a criminal defense attorney immediately as your rights may be at stake.
New Mexico DWI/DUI Liability
While you may be arrested for DWI/DUI, there are also “dram shop laws” in New Mexico that place responsibility on the establishment that served alcohol to the accused. If any damage or injury occurred during the DWI/DUI, the establishment that served alcohol to the accused may also be held accountable. In such cases, the prosecution must prove that:
- The establishment served alcohol to the person when they were already intoxicated
- It was obvious or apparent that the person was intoxicated
- Without reasonable doubt, the server should have been able to know from the circumstances that the person was intoxicated
Contact an Albuquerque DWI/DUI Legal Expert
Our attorneys are passionate about defending New Mexicans charged with DWI/DUI. We understand that a DWI/DUI is horrible experience, especially in New Mexico. Our firm will pursue every potential avenue of defense to protect your rights, freedom and reputation. Contact an experienced DWI/DUI lawyer today to learn how we can help you.