DWI FAQ

The greater your understanding of the laws regarding driving while intoxicated (DWI), the better your chances of fighting against a DWI charge. I’m Angela Arellanes, and my firm Angela Arellanes Law has extensive experience helping Albuquerque residents charged with DWI.

I also believe in providing as much information as possible to my clients. The following are a few frequently asked questions about DWI to increase your understanding.

Are there different blood alcohol content (BAC) limits for different drivers?

Drivers of passenger vehicles that are aged 21 or older can be arrested for DWI when driving with a BAC of .08% or higher. For drivers under 21, the legal limit is .02%. For drivers of commercial vehicles, such as big rigs, the legal limit is .04%.

Can I refuse to take a breathalyzer?

Implied consent laws stipulate that all drivers consent to chemical testing if it’s believed they’re driving under the influence. If you refuse testing, you’ll be subject to a one-year license suspension. The refusal may result in an aggravated DWI charge.

What constitutes reasonable suspicion of DWI?

Police officers can’t just pull over any driver for DWI testing without reason. They must have a reasonable suspicion that the driver has violated a law, such as a separate traffic violation, swerving in an out of lanes, driving too slow or too fast, and other causes for concern.

Are DWI checkpoints legal in New Mexico?

Law enforcement use DWI checkpoints to test a random selection of drivers for intoxication. While the practice is controversial since officers don’t have reasonable suspicion that the drivers they’re testing are intoxicated, the practice is legal in the state of New Mexico. However, there are certain requirements that the officer must follow.

What is an aggravated DWI?

A driver can be charged with aggravated DWI under certain circumstances. Refusal to consent to chemical testing will bring about aggravated charges, as will causing injury to another person while driving intoxicated. Having a BAC of .16% or higher will also incur aggravated charges.

Legal Help Is Crucial When Faced With DWI

When facing a DWI charge, your freedom can be at risk. As your attorney, I pledge to review your case in detail to develop the best possible legal strategy. I’ll also keep you informed throughout your case to ensure your peace of mind.

Call my firm today at (505) 247-2417 to schedule your consultation. You can also contact me for more information on the services I provide.