Legal Question in DUI Law in New Mexico

i have been charged with aggrevated dwi,it was just dwi untill i went to my first court and then it was changed to agg.the judge said it was cause i didnt blow in the machine,but it staits in the ticket and paperwork the officers observed me blowing both times!the machine came back with ensufficent sample both times and blood was not taken!can they do this and will i be found quilty when there isnt a toxicology report

Asked on 9/19/09, 12:16 pm

1 Answer from Attorneys

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

If the judge or jury, depending upon how you go, believes that you deliberately withheld your breath and did not properly blow into the machine, then you will be convicted of agg. The enhancement to agg is the deliberate failure or refusal to blow into the machine. If you don't have an experienced DWI criminal defense attorney, get one now. You have a lot to lose.

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Answered on 9/24/09, 1:39 pm

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