What does it mean to be under the influence of alcohol?

You may have heard of the term “legal limit” in relation to a DWI charge, but what does that even mean? If a driver is arrested for DWI, the New Mexico Implied Consent Act requires the driver to provide a breath sample to determine the alcohol content of their blood. This is normally provided through a breath test that the arresting officer will administer through an instrument called an “Intoxilyzer.” The driver blows into the instrument two to three times, and the instrument provides a breath score on a printed card, called a “breath card.” If the breath score is .08 or above, then the driver is at or above the “legal limit” allowed by law.

A breath score of .08 or above which comes in at trial means you are “per se” or factually and legally intoxicated and could possibly be found guilty of a DWI. Now, there are legal avenues to explore before we get to the breath card, such as lack of probable cause, reasonable suspicion, or a violation of rights. However, if none of those legal avenues present themselves at trial and the breath card shows your blood alcohol content was at .08 or above, the Judge will find that you are intoxicated as a matter of law.

A breath score below .08 is a benefit to your defense, but it does not mean you are out of the woods. If a driver provides a breath score below .08, the prosecutor then has the burden of proving that they were driving while impaired to the slightest degree due to alcohol. For example, if you swerve out of your lane or are driving without your headlights on, the prosecutor could argue that the alcohol in your system impaired your driving to the slightest degree and the court could still find you guilty of a DUI.

The moral of the story is this: do not drink and drive because even a little bit of alcohol can lead to an argument of impairment to the slightest degree.

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.