Understanding the role of BAC in DUI cases.
The law in New Mexico makes it illegal to operate a motor vehicle if your blood alcohol concentration (BAC) is .08 percent or above. At this level, the law assumes that you are impaired with no further evidence of impairment necessary. However, the standard for proving a DUI can be lower. If the prosecution can prove that your were intoxicated at any level and that your driving was impaired to the slightest degree, than you can be charged and convicted of a DUI. It is important to understand that driving with any alcohol in your system leaves you open to being charged and convicted of a DUI.
- How is BAC determined by law enforcement?
- What is implied consent?