In the eyes of the law, driving while intoxicated is not a subjective matter. There are prescribed legal limits for blood alcohol concentration that determine when a driver may be charged with drunk driving. As a driver on New Mexico roadways, it is expected that you know and abide by the legal BAC limits.
BAC Limits Vary
The most commonly known blood alcohol concentration limit is .08. That is the BAC limit for drivers age 21 and older driving a personal vehicle. However, this BAC limit does not apply to all drivers. Lower BAC limits are in effect for:
Drivers between the ages of 15 and 20 have a blood alcohol concentration limit of .02.
Drivers of vehicles with a gross weight of 26,000 pounds or more or carrying 16 or more passengers (including the driver) have a blood alcohol concentration limit of .04.
Blood alcohol concentration is affected by a person’s body size (height/weight ratios) and metabolic rates. There is no standard number of drinks a person may consume before reaching the legal BAC limit.
How BAC Limits are Measured
Blood alcohol concentration may be measured by blood tests or breathalyzer. New Mexico drivers give implied consent to chemical BAC testing when then they receive their license.
Field sobriety tests may give a law enforcement officer reasonable cause to arrest someone for drunk driving. However, field sobriety tests cannot measure BAC limits.
Defense against Unlawful BAC Limits
If you have been arrested for drunk driving, contact the criminal defense attorneys at Patrick J. Martinez & Associates right away. Depending on how the chemical testing was conducted, BAC levels found to be over the legal limit may not be accurate or admissible in court. Only an experienced DWI defense attorney knows how to investigate your case and devise an effective strategy to defend your innocence. Contact us to schedule a free initial consultation at our Albuquerque, NM office.