DWI / DUI
Being arrested and accused of a violation of the law may be very intimidating. The defendant may have many questions. What does the State need to prove in order for there to be a conviction? Will I need to pay a fine? How much jail time am I facing? If you or someone close to you has been charged with driving while intoxicated (DWI) or driving under the influence (DUI), you should not hesitate to consult a criminal defense attorney. Serving drivers throughout New Mexico, knowledgeable Albuquerque DWI lawyer Andrew Ortiz can answer your questions and guide you toward a favorable outcome under the circumstances of your case.
Attorney Ortiz has more than 25 years of experience in the legal field, representing people accused of crimes in many different types of cases. As a former police officer, he has been trained in the detection of DWI or DUI and understands the difference between a legal traffic stop and a “fishing expedition” in which an officer lacked probable cause. This training and experience have served Attorney Ortiz well in defending people accused of drunk driving and other offenses over the years. He also handles motor vehicle department hearings. As a courtesy, he can represent a client at an MVD hearing at no additional cost if he is retained within 10 days of their DWI or DUI arrest.Defending a DWI or DUI Charge in New Mexico
It is important to defend yourself to the fullest extent of the law in order to avoid or at least minimize the harsh consequences of a drunk driving charge. In addition to the loss of driving privileges, hefty fines, and possible incarceration, a conviction of DWI or DUI may have many negative long-term consequences. It may be more difficult to get certain jobs with a drunk driving charge on your record, and the stigma of having been convicted of a crime may be embarrassing. In some cases, a defendant may also be required to perform community service, undergo an alcohol evaluation, install an ignition interlock device on their vehicle, and attend DWI school. It is important to note that the punishment for impaired driving increases substantially with each subsequent conviction, so it is essential to defend each case as vigorously as possible. (Subsequent convictions may also result in a separate driving-on-a-revoked-license charge.) As an experienced DWI attorney in Albuquerque, Andrew Ortiz knows all of the strategies that may be at a driver’s disposal in fighting a charge.
As in other criminal prosecutions, a conviction may only occur if the State of New Mexico meets its burden of proving that the defendant is guilty beyond a reasonable doubt. Generally, this means introducing credible proof that the defendant had a blood alcohol content (BAC) of 0.08% or more. If the defendant is under the age of 21, the State only needs to prove that they had a BAC of 0.02%. A defendant’s BAC is usually measured by an electronic device, such as a Breathalyzer. Not only is it possible for such a device to be improperly calibrated or yield inaccurate results for other reasons, but also a particular arresting officer may lack the training necessary to ensure a correct result. Additionally, the defendant may be able to assert a constitutional challenge to their arrest or the evidence to be used against them. Under the “fruit of the poisonous tree” doctrine, illegally obtained evidence is excluded at trial. This may involve evidence derived from an unjustified stop or statements made without police having informed the defendant about their rights.Discuss Your DWI Case with an Albuquerque Lawyer
You only have one chance to win your drunk driving case. Albuquerque DWI attorney Andrew Ortiz is prepared to help you investigate the details of your arrest with an eye toward seeking the exclusion of questionable evidence and exploiting any holes in the prosecution’s case. For a free consultation to discuss your arrest and the charges pending against you, call us at (505) 242-1195 or contact us online. We also assist people who need an injury lawyer to assert their rights after an accident.