DWI/DUI

Defense Expert Testimony on Reliability of Intoxilyzer Allowed in New Mexico

The New Mexico Court of Appeals case of State v. King concerns the use of expert testimony in New Mexico DWI cases. The Court had to determine whether a defendant should be permitted to present expert scientific testimony related to the general reliability and accuracy of the Intoxilyzer 8000 machine which is used to determine…

Video Testimony and Confrontation Rights in New Mexico

The 6th Amendment allows for confrontation of witnesses in criminal trial is extremely important to defendants in criminal cases. The rise of video technology has given rise to issues regarding confrontation rights and remote video testimony. The New Mexico Court of Appeals case State v. Smith addresses just that issue. Specifically, the Court of Appeals…

DWI Accidents and Child Abuse in New Mexico

The defendant was charged with multiple counts related to a DWI accident that resulted in the death of a child and serious injuries to another child who were passengers in a car that she struck from behind. The state charged the defendant with aggravated DWI and leaving the scene of the accident. She was also…

The Issue of Warrantless Non-Consensual Blood Draws in DWI Cases

In the case of Missouri v. McNeely , the United States Supreme Court recently addressed the legality of a warrantless, non-consensual blood draw in a DWI investigation. More specifically, the Court addressed whether there could be a per se blanket rule exception to the 4th Amendment under the exigent circumstances exception in DWI investigations. The…

Breath & Blood Alcohol Testing Under the New Mexico Implied Consent Act

Under the Implied Consent Act (ICA), every person driving a vehicle within the state of New Mexico is deemed to have given his or her consent to a breath alcohol test and/or blood alcohol test if suspected of DWI. Under the ICA, every time an individual gets behind the wheel of a car in New…

Blood Alcohol Level Evidence & the Confrontation Clause in New Mexico and Beyond

One of the most common grounds for dismissal of criminal cases is violation of the 6th Amendment allows for confrontation of witnesses in criminal trial. The Sixth Amendment has been used in several situations to exclude testimonial evidence and is closely guarded by U.S. courts. A recent example of this is the U.S. Supreme Court…

Strict Liability Criminal Offenses and DWI in New Mexico

According to a study by the New Mexico Department of Transportation, there were 2,599 alcohol-related automobile crashes in New Mexico in 2008. Of these, 765 involved serious injuries, and 143 fatalities. These numbers were all higher than the national average. DWI is clearly a very serious problem in New Mexico. Perhaps for this reason, DWI…

ATV‘ing While Intoxicated = DWI in New Mexico

The New Mexico Court of Appeals recently issued an opinion that clarified what punishment applies to ATV drivers who are intoxicated and who cause an accident resulting in injury or another person‘s death. Under State v. Natoni, off-highway vehicle drivers who are intoxicated will be punished under the more strict New Mexico DWI statute though…

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