Once you’ve been arrested the officer will read you something called the New Mexico Implied Consent Act. That is a law in New Mexico that says if you drive on the roads of New Mexico, you have consented to giving your breath test, blood test, or both, depending on what an officer asks you. You […]
What if the police testify as a witness, saying “this person failed the field sobriety test”?
They shouldn’t say somebody ‘failed;’ They should say that they ‘detected a certain number of clues.’ You can’t pass or fail the Standard Field Sobriety test, but if they detect a certain number of clues, then they can say they had a reason to believe you may be driving under the influence of alcohol and […]
Are clues from the standard field sobriety test admissible in a trial?
How do police determine if a motorist has had too much to drink?
Officers receive training when they are in the academy about how to conduct DWI investigations, and they look for a many things. They are trained to look for: how the person is driving how the person stops how the person exits their car how the person interacts with the officer bloodshot, watery eyes slurred speech […]
Police questioning during a DWI
New Mexico courts have found that questioning on a DWI case before the arrest happens is not subject to Miranda. In a normal DWI case, an officer might pull somebody over for weaving, and then they have a conversation with that person, and they suspect that person has been drinking, and they have that person […]
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