Common Mistakes Made By People Accused Of DWI In New Mexico


Even though many people are understandably upset and stressed about being arrested for DWI, those emotional states can hinder the ability to think clearly. As a result, they may fall victim to committing common mistakes. Montrose Law always wants New Mexico residents to be informed of their rights and doesn’t want them to do anything that would jeopardize their cases. It is important to highlight some of the common mistakes we’ve often seen people make when they are arrested and charged with DWI.

Speaking to Police Officers Without an Attorney Present

When you are arrested for DWI, you have the right to refuse to speak with the officer or to perform field sobriety tests. It is wise to speak with an attorney as soon as possible. If you don’t have your own attorney, one can be appointed to you. Talking to the police officer without getting advice from an attorney first could be detrimental to your case.

Refusal to Take a Breath or Blood Test

Based on New Mexico’s Implied Consent Act, people driving in the state agree to be subjected to a breath or blood test. Refusing to take either of those tests can result in having your driver’s license revoked and being charged with the more serious offense of aggravated DWI. If you decide not to undergo chemical testing, you should be aware of the consequences.

Failing to Make Court Appearances

Arriving on time for all of your court dates is essential. If you forget about a court appearance or decide not to show up, the judge will probably issue a bench warrant for your arrest. Not showing proper respect to the judge and others who are part of the court proceedings gives the impression that you are not taking the criminal charges seriously. Make arrangements with your attorney to remind you of the court dates if necessary. If there is a conflict with a scheduled court date, let your attorney know as soon as possible.

Requesting an MVD Administrative Hearing

Requesting an MVD administrative hearing is your opportunity to attempt to retain your license and prevent your driving privileges from being revoked. You should hire an attorney who knows the pertinent issues to address, understand the hearings procedures, and can effectively represent your interests.

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