What is a DUI in the state of NM?

The statute for DUI in NM is Section 66-8-102 NMSA 1978 and is rather lengthy and detailed. Don't worry, this isn't going to be a lawschool lesson on the statute. Instead, let's get a basic understanding by looking at subsection A which reads "It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state." In looking at this line, what does the State have to prove to convict you of DUI?

Well, the State must prove that YOU were DRIVING a VEHICLE while UNDER THE INFLUENCE of liquor. What does "under the influence" mean and what if it isn't liquor? What if someone has been drinking and is in a parked car or is sitting on a curb next to a car that has been wrecked when the police arrive? How does the state prove they were driving? What If someone is riding a bicycle when they are "pulled over"? Is that person driving a vehicle? Every word in a statute has meaning and every word is important ....AND this is only part A of parts A - V in the statute! The entire statute is long and detailed.

If you have any questions about your particular situation or would like to consult with an experienced criminal defense lawyer about the potential for getting your case dismissed, call Padilla, Montoya and Associates today at 505-717-2927.