Legal Question in DUI Law in New Mexico

I was stopped by a deputy sheriff in my driveway the deputy ask for my ID I told him it was in my house. The deputy ask me to go get it. While inside my home I took a drink of whiskey When I went back out to the deputy he said he smelled alcohol and arrested me for DWI is that legal

Asked on 9/25/11, 9:00 am

1 Answer from Attorneys

Salim Khayoumi Khayoumi Law Firm
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The arrest was legal because the sheriff was under the impression that you were under the influence of intoxicating liquors while you were driving. The sheriff now has to prove beyond a reasonable doubt that you were in fact under the influence of alcohol while you were driving to find you guilty for DWI.

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9/26/11, 12:24 am

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