A DWI arrest can be a frightening and traumatic experience. Patrick J. Martinez & Associates has the expertise to provide skillful guidance throughout this process, advocating for your best interests at all times.
Step 1: Remember Your Rights
In New Mexico, an officer only needs to have reasonable cause to believe that you are impaired “to the slightest degree” in order to make a DWI arrest. Police officers establish impairment in a variety of ways, some of which you have the right to refuse.
During a DWI traffic stop, you have the right to:
- Remain silent. You are not required to answer questions of alcohol consumption or illegal activity. This will only give the officer reasonable cause to arrest you.
- Refuse sobriety tests. Field sobriety tests are given to create more evidence of intoxication in court. You have the right to politely refuse field sobriety tests.
- Refuse vehicle searches. If an officer asks to do a voluntary search of your vehicle, you have the right to refuse until a warrant is served.
- Request additional chemical testing. After taking a breathalyzer test, you have the right to request further testing that may challenge the police-administered test.
According to the Implied Consent Act, you are legally required to provide a breath, blood or urine sample if drunk driving is suspected. In New Mexico, the refusal to submit to BAC testing will result in an aggravated DWI charge which carries harsher penalties.
Step 2: Call a Lawyer
The first thing you should do after a DWI arrest is to call an attorney that specializes in DWI defense. An experienced attorney will be able to take care of time-sensitive matters, including:
- Scheduling an MVD appeal and appearing on your behalf within 10 days of the arrest (this can prevent license revocation)
- Assistance in retrieving your car from City of Albuquerque impound
- Performing a thorough investigation into the circumstances of the arrest to ensure your rights were protected, procedure was followed and all testing was scientifically valid
As soon as you are able, it is important to discuss the details of your arrest so a strategic defense can be created right away. At Patrick J. Martinez & Associates, we believe in defending your innocence in order to get the best possible outcome. We listen to your case carefully and provide informed legal guidance throughout every step of the legal process.
Step 3: Prepare for Court
If you are arrested for DWI, you will be required to appear in court to plead your case. When you choose Patrick J. Martinez & Associates, you will have a clear knowledge of how we will protect your best interests in court. You will arrive for your court date fully prepared to fight DWI conviction.
Our aggressive criminal defense strategy has over 25 years of success in New Mexico. Contact us today to schedule a FREE DWI case consultation.