Police departments in New Mexico and around the country usually charge motorists with driving under the influence after they fail a breath test. The portable breath-testing devices police officers use at the roadside and the more sophisticated equipment found in police stations detect alcohol by passing breath samples through a chemical solution, but questions have persisted for years about their reliability and accuracy. These questions prompted the New York Times to investigate the way breath tests are conducted around the country, and the newspaper found evidence of neglected maintenance and lax oversight in virtually every law enforcement agency they investigated.
When people consider boating while intoxicated, they may not associate this offense with New Mexico. However, the state does have laws against BUIs and if people want to keep themselves out of trouble, it is important for them to know what this offense consists of and why it is dangerous.
If you have been charged with a driving while intoxicated offense in New Mexico, you are not alone. Many people find themselves facing these types of charges, but it is important to remember than arrest does not mean you are guilty. You will want to understand the potential ramifications of the charge, how to defend yourself and what impact the event may have on your life.
Most people in New Mexico know the feeling of fear that can come over them when they look and see flashing police lights in their rear-view mirror while driving. Even if a driver has not done anything wrong or has only committed a minor infraction, the thought of being approached by a police officer can be scary. This type of fear may contribute to even more extreme anxiety for some people.
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.
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?
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.