Legal Question in DUI Law in New Mexico

My brother was driving late one night and the wind had blown a gigantic tree in the middle of a small two lane road. He couldn't avoid hitting it and the impact completely totalled his truck and left him with serious injuries to both arms- really bad on his right arm . He was airlifted to a hospital where he recovered for a week . It has been 3 weeks and he is healing nicely , but he just received a criminal summons to appear in court . What should we do or what can we do. One note he had drank two beers

about 4 hours previous to the accident , and when questioned obstinsably by a state trooper while my brother in the emergency room who was in complete distress and pain mind you due to freshly bleeding wounds and under the fog of pain medication given by the nurses said he had had two beers 4 hours before and the hospital records show exactly how little alcohol was in his system and show he was not under the influence, what to do?

Asked on 4/19/10, 10:32 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

New Mexico is a zero-tolerance state for drinking and driving. When there is an accident, and ANY amount of alcohol [etoh] is in the driver's system, charges will be filed. It does not matter how little etoh was found in his system; ANY amount, however small, triggers DWI charges, especially if there has been a wreck. There is no requirement that he be "under the influence" to any degree if a machine or blood test registers any amount. What to do? Consult a criminal defense attorney about DWI laws in NM; keep all court dates; see if a favorable plea can be negotiated.

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Answered on 4/24/10, 11:36 am

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