DUI laws in NM…. legal limit is 0.8%, if you are the cause of an accident or stopped for trafficl violation, policeman suspects you of DUI

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DUI laws in NM…. legal limit is 0.8%, if you are the cause of an accident or stopped for trafficl violation, policeman suspects you of DUI

Can you still be charged with DUI if your ETOH level is

Asked on July 2, 2009 under Criminal Law, New Mexico

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I assume that you question is, can you still be charged with DUI if you blood alcohol level is below .08%?

The answer is yes.  New Mexico DWI/DUI cases can be prosecuted on one of two theories: either violation of New Mexico’s per se law by driving with a blood or breath alcohol content of .08% or higher, or by driving while impaired.  Impairment, for purposes of New Mexico drunk driving (DWI) laws, can be proved by driving patterns, field sobriety tests and chemical tests.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I assume that you question is, can you still be charged with DUI if you blood alcohol level is below .08%?

The answer is yes.  New Mexico DWI/DUI cases can be prosecuted on one of two theories: either violation of New Mexico’s per se law by driving with a blood or breath alcohol content of .08% or higher, or by driving while impaired.  Impairment, for purposes of New Mexico drunk driving (DWI) laws, can be proved by driving patterns, field sobriety tests and chemical tests.


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