You have the
right to remain silent. You have the right to an attorney. What are those
sentences? They are things a police officer is going to say to you if you are
arrested for a DWI in New Mexico.
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If you've heard the above words
spoken, you can't afford to wait. You need immediate help.
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form or call us at 1-866-995-9510 and we'll help you find a New Mexico DWI
Lawyer who will champion your rights. You have only 20 days in which to launch
your defense.
For information specific to each county in New Mexico,
click on the below county link. You will be able to fill our our free
DUI/DWI consultation form on any county page.
Things a New Mexico police officer will say to you once you've
been stopped for a DWI will also include reading you the New Mexico Implied Consent
Advisory
The below text
is taken directly from the form the officer will read to
you:
Listen to me, I'm about to tell you something
important. You are under arrest for
_______________________________
The New Mexico Implied Consent Act requires you to submit to a
breath test, a blood test or both to determine the alcohol or drug content of
your blood. After you take our tests, you have the right to choose an
additional test.
If you choose to take this additional test, you have
the right to a reasonable opportunity to arrange for a physician, a licensed
nurse, or laboratory technician or technologist who is employed by a hospital or
physician of your own choice to perform an additional chemical test. The
cost of this additional test will be paid for by the law enforcement agency.
Do you agree to take our tests?
[If after the driver has taken your test and is requesting an additional test, you should allow him a reasonable opportunity to contact the appropriate person listed above to draw the blood. At a minimum, you should allow him use of a telephone to make arrangements. You cannot deny the driver the additional test just because there will be a delay in drawing the blood. Consult your agency directives as to whether your law enforcement blood technician can be called upon to offer to perform this test. Once the two tubes of blood are drawn, give the driver a receipt for his sample.]
I cannot force your to take our tests, but if you refuse you will lose your New Mexico driver's license or nonresident operating privilege for one year. If you are convicted in court of Driving While Under the Influence, you may also receive a greater sentence because you refused to be tested. Do you understand?
Your right to speak to an attorney or remain silent does not apply
to the requirement of New Mexico law that you take blood and/or breath tests.
source: http://ipl.unm.edu/traf/pubs/impliedC.doc
ADMINISTRATIVE
LICENSE REVOCATION and Administrative Hearing
The police officer who arrests you for DWI will confiscate your license on the spot if your breath test is above the legal limit, or if you have refused to take the test. The police officer takes away your license and notifies the Motor Vehicle Division which then revokes it for up to one year. This action is called administrative revocation and is completely separate from anything that happens when you go to court for DWI. If you are convicted in court, your license will also be revoked in a separate court action.
When your license is confiscated by the police officer you have 20 days
before the revocation takes effect. If you want to protest the
revocation, you must request an administrative hearing within 10 days of arrest. The request must be in writing
and accompanied by a $25 hearing fee, or a sworn statement of indigency. The
hearing will in most cases take place within 90 days. The issues that will be
discussed in your hearing are very limited.
These issues are:
1)
that the officer had reasonable grounds to stop you;
2) that you were
arrested;
3) that the hearing was held within 90 days of your notice of
revocation;
4) if you refused the test, that the police officer notified you
that you would lose your license; and
5) if you took the breath test, it was
properly given to you and you tested at or above the legal limit.
source: http://www.tax.state.nm.us/pubs/dwi.htm
Our
New Mexico Criminal Defense Lawyers have proven track records in representing
those accused of drunk driving. Getting expert legal help with your
New Mexico DWI can be affordable and
easy. Many of our New Mexico DWI Lawyers offer a free initial
case evaluation and flexible payment options.
New Mexico Drivers Information:
Motor Vehicle Department: http://www.dmv-department-of-motor-vehicles.com/NM_New%20Mexico_dmv_department_of_motor_vehicles.htm
DWI Laws: http://www.tax.state.nm.us/pubs/dwi.htm
Driver's Manual: http://www.dmv-department-of-motor-vehicles.com/NM_New%20Mexico_dmv_department_of_motor_vehicles.htm
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