Legal Question in DUI Law in New Mexico

how can a person be charged with aggravated dwi if the car was parked and they were not sitting in the driver seat. Age 20 bac was .11. male age 20 was fornicating with girlfriend in passenger side seat. Video from police vehicle recorded this.

Asked on 2/22/10, 8:05 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC
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Aggravated DWI is charged when any of the following occur:

(1) drives a vehicle in this state and has an alcohol concentration of sixteen one hundredths or more in the person's blood or breath within three hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle;

(2) has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or

(3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs.

One who is intoxicated anywhere within a motor vehicle, and has the keys, is deemed to be capable of operation and will be charged whether the vehicle is running or not.

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2/28/10, 11:43 am

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