If you are facing allegations of intoxicated operation of a vehicle, you understand how this charge can impact your life. Drunk driving charges in New Mexico can bring potential consequences that may include time behind bars, expensive fines and more. It is in your interests to defend yourself against these charges, regardless of whether it is your first offense or if you have previous convictions on your criminal record.
The right way to defend yourself against a drunk driving charge depends on the details of your specific case. A close look at every aspect of your case, including the initial traffic stop, can determine how to most effectively challenge the prosecution’s case. If you experienced a violation of your rights or there was a problem during your interaction with law enforcement, you can fight to mitigate the penalties you are facing or possibly seek a dismissal of all charges.
Possible defense strategies
An effective defense strategy depends on the specific details of your case, your criminal history and your objectives for your situation. After a careful evaluation, you may decide one of the following may apply to your case:
- Problems with the initial traffic stop
- Issues with the chain of custody of any blood or urine sample
- Issues with the administration of a Breathalyzer test
- Malfunctioning Breathalyzer device
The police must have valid grounds to even stop a driver. In order to make a traffic stop, there must be specific indicators that may give the officer reasonable suspicion. You also have rights at every point of the interaction with law enforcement, and he or she follow specific protocol in order to conduct the stop properly. Mistakes, violations of your rights and mishandling any aspect of the situation could be grounds to challenge the charges or certain aspects of your case.
Where should you start
It may help to note that building your defense strategy should start soon after an arrest and charges. Your future interests, personal freedom and even your finances are at stake, and quick action can make a significant difference in the outcome of your case. If you are unsure of where to begin, it may be helpful to learn about your rights as a defendant and possible ways you can seek to preserve your interests.