In an ironic twist earlier last month, a New Mexico news source reported on a woman who was charged with DUI after arriving to her husband’s DUI police stop. Law enforcement pulled over the woman’s husband after he was spotted speeding near a local bar. After he was pulled over, the officer detected a strong smell of alcohol, and he began a DUI investigation.
A patron at the sports bar where the individual was pulled over called the driver’s wife. The woman drove over to the location with her 11-year-old son in the car. When the woman arrived, the officers noted a smell of alcohol and questioned the woman about whether she had been drinking. The woman claimed she only had two glasses of wine. However, a breathalyzer test indicated that she had a blood alcohol content of .15.
The officers arrested both of the individuals on charges of driving while intoxicated. Fortunately, a family member was able to take custody of the young boy while his parents were taken away and booked. The woman was released pending a hearing a short time later. However, her husband was held in custody because this was his sixth DUI arrest and he was driving with a suspended license and expired registration.
New Mexico Driving While Under the Influence Laws
In New Mexico, as in many other states, the penalties if one is caught driving drunk are severe. An individual will be found to be under the influence if their blood-alcohol concentration is .04 if they drive a commercial vehicle, .02 if they are under the age of 21, and .08 if the person is over the age of 21.
In the majority of cases, if a person is above the legal limit their license will be suspended for a year. If a person refuses to participate in a blood or breath test, the same loss of license will result. Many people believe that if their blood-alcohol content is under the legal limit, they will not face any consequences. However, a person may still be found to be driving under the influence if the state can prove that the individual’s driving ability was impaired because of their alcohol intake, regardless of their blood-alcohol content reading. This is true in both criminal and civil proceedings.
In addition to alcohol, a person’s ability to safely operate a vehicle may be impaired if they are under the influence of drugs, whether illicit or legally prescribed. Many drugs can cause significant side effects, such as dizziness, drowsiness, and loss of vision. If a person is found to be under the influence of drugs that impair their ability to drive, they may be found criminally responsible. They may also be found to be possibly civilly responsible if they injure another person.
Have You Been Injured By a Person Who Was Driving Under the Influence?
If you or a loved one has been injured because the driver of another vehicle was under the influence of drugs or alcohol, you should consider seeking representation to assist you in a personal injury claim. There are many mandatory filings and procedural steps that must be taken to ensure that your case is heard in front of a judge or jury. Additionally, a significant amount of evidence must be presented to ensure that you are fairly compensated for your injuries. If you are successful, you may be entitled to monetary compensation for your physical injuries as well as property damage. Serious injuries deserve serious representation. Contact one of the experienced attorneys at the Fine Law Firm at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
Three Killed in Accident Between Two Semi-Trucks and a Tourist Bus, New Mexico Personal Injury Lawyer Blog, June 11, 2015.
State Supreme Court Remands Truck Accident Case For New Trial Due to Evidentiary Issue, New Mexico Personal Injury Lawyer Blog, May 12, 2015.