After having allegedly been involved in a drunk driving incident in Roswell, a number of different thoughts may be racing through your head. Foremost among them may be questions regarding how you might have found yourself in a position to have been driving while intoxicated in the first place. Many often come to us here at the Sanders Law Firm in the same position you now find yourself in wondering whether those who might have contributed to their alleged drunkeness may be held responsible. The answer to that question depends on the circumstances under which you were served.
Can breath test results be challenged?
The shared image that most in Roswell have in reference to drunk driving it likely that of a person outside his or her car blowing into a handheld device under the supervision of a law enforcement officer. Despite measuring one's breath, the actual reading being sought is the alcohol content in one's blood. This might immediately prompt the question of how can a breath measurement say anything abouit your blood? Furthermore, how accurate is such a measurement, and should it be viewed as the sole factor when determining if you are guilty of driving under the influence?
Reviewing New Mexico's implied consent law
Like many in Roswell, you likely believe that law enforcement officials cannot compel you to do anything that you do not consent to. That includes offering a blood or breath sample for testing to see if you might be under the influence of alcohol. Several of the clients that we here at the Sanders Law Firm have worked with in the past have shared this same assumption. What they (and you) might not realize is that through your actions, you have already consent to be tested to determine whether or not you might be impaired while driving.
