Santa Fe Drunk Driving Accident Lawyer

Santa Fe Drunk Driving Accident Attorney

Driving while intoxicated (DWI) is illegal in New Mexico as well as every other state. Driving a vehicle while under the influence of alcohol or some other drug is dangerous behavior. This can result in multiple potential injuries or deaths, including yours.

If you ever start to feel drunk or high, do not get behind the wheel of any vehicle. If you cause an accident, you will likely want to reach out to a Santa Fe drunk driving accident lawyer who can figure out your next steps.

Drunk Driving Laws in New Mexico

New Mexico takes drunk driving very seriously, and the state has made significant efforts to reduce the amount of drunk drivers on the road. State authorities enforce drunk driving checkpoints and harshly punish drunk driving offenders for their behavior. If you are injured in a car accident, a Santa Fe personal injury lawyer can help you seek compensation.

Under New Mexico state law, you are considered legally drunk behind the wheel if you are pulled over and found to have a blood alcohol content (BAC) of 0.08% or higher. This blood test can be all the evidence the police need to arrest you, and it can be enough to convict you in a court of law. Under the state’s implied consent laws, the very act of driving on state roads is considered consent to have your BAC tested upon request when pulled over.

How to Prevent a Drunk Driving Accident in Santa Fe

Some methods of preventing drunk driving accidents in Santa Fe may seem like common sense, but many don’t realize it until they are in the moment talking to the police on the side of the road. It is important to take the proper steps to protect yourself in situations that could result in severe legal consequences for you, such as drunk driving.

Here are some steps you can take before engaging in such behavior that may help you prevent it outright:

• Don’t Drive Drunk: It may seem obvious, but you should never drive a vehicle when you have been drinking, regardless of how much you have been drinking. Everybody has different levels of tolerance for alcohol. What may be enough to get one person drunk might not even affect another. Regardless, the risks are far too great to take the chance. Even the smallest sip of alcohol could impair your driving ability.
• Don’t Let Friends Drive Drunk: If someone you know is attempting to operate a vehicle while they are intoxicated, you should do whatever you can to keep them from doing so. It can be difficult to persuade your drunk friend against driving, but it is crucial to your friend’s physical health and freedom that you keep them from engaging in such reckless behavior. Otherwise, they could get in an accident and hurt someone or worse.
• Make a Plan: Before going out to drink, either alone or with friends, you should have a plan in place for what to do when you get drunk. Many groups of friends have a designated driver who won’t drink throughout the night, and this person can drive everyone else home later. Have a taxi or a rideshare vehicle ready to go at the end of the night if everyone is drinking. Even walking home is a preferred alternative to a DWI.
• Know What You Are Drinking: Consuming alcohol affects your cognitive ability. Every person reacts differently to alcohol. In addition, some drinks are made with more alcohol than others. For example, a cocktail from one bar and the same cocktail from another bar may have completely different levels of alcohol. Knowing what you’re drinking may allow you to pace yourself better and keep you from making any bad decisions.

Santa Fe Drunk Driving Accident FAQs

Q: What Is the Difference Between a DUI and a DWI in New Mexico?

A: There is no significant difference between a DUI and a DWI in New Mexico. Both terms are used interchangeably to describe the same offense. DUI stands for “driving under the influence,” while DWI stands for “driving while intoxicated.” New Mexico does not differentiate between the two terms the way that some other states do.

Q: What Is Aggravated Driving Under the Influence in New Mexico?

A: An aggravated DWI in New Mexico occurs when a DWI meets certain criteria that make it a far more serious crime. This may involve:

• Having a BAC of 0.16% or more
• Having a minor child in the car at the time of your arrest
• Refusing to submit to a breathalyzer test
• Causing an accident that results in serious harm to another person

Q: What Happens After the Fifth Offense for a DWI in New Mexico?

A: A fifth offense for a DWI in New Mexico can result in significant penalties. A fifth offense DUI is considered a fourth-degree felony, which can result in a prison term, a fine, possible probation, a vehicle forfeiture, and an ignition interlock device in your vehicle for life. Penalties may increase with each subsequent conviction.

Q: What Is the Zero-Tolerance Law in New Mexico?

A: The zero-tolerance law in New Mexico applies to minors under the age of 21 who are pulled over for drunk driving. Since it is illegal for anyone under 21 years old to consume alcohol in the United States, the penalties for underage drunk driving can be harsh. If convicted, a minor could lose their driver’s license for a year. If their BAC is above 0.08%, they could face adult penalties.

Reach Out to a Drunk Driving Accident Lawyer Today

Being involved in a car crash can be a terrifying ordeal. Accidentally causing a car wreck due to being drunk behind the wheel can be a life-changing mistake. If you ever find yourself in such a situation, you should immediately reach out to a drunk driving accident attorney who can figure out a defense strategy.

At Berenson & Associates, PC, we understand the kind of help you will need to fight these charges. We can develop your case, gather evidence that supports your argument, and protect your interests throughout. Contact us to schedule a consultation as soon as you can.