New Mexico DUI Checkpoints

 

In New Mexico, a DUI checkpoint – also known as a sobriety checkpoint – is a procedure whereby law enforcement officers restrict the flow of traffic in a designated, specific location in order to check drivers for signs of alcohol or drug impairment. If the observations of officers detect any type of incapacitation, they are authorized to perform additional testing in the form of field sobriety tests or breath analysis tests. Oftentimes, officers will also check documents such as driver licenses, vehicle registration, and proof of insurance at DUI checkpoints.

 

DUI checkpoints have been used as a tool to deter drunk driving in New Mexico since 1991 through such coordinated efforts as Operation DWI. Checkpoints are conducted in every community across the state of New Mexico, especially over dangerous holiday weekends when higher numbers of people are known to be drinking. Most of these checkpoints occur late at night or in the early hours of the morning, when people are driving home after going out and consuming alcohol.

 

Past Operation DWI activities have been conducted 6 times each year, and consisted of a “blitz” of 75 to 100 sobriety checkpoints packed into a two-week period. Extensive pre- and post-blitz publicity of the campaign, incorporating radio and television spots, PSAs, and direct mailings, accompanied each two-week period.

 

It is believed that these checkpoints not only make New Mexico roads safer by arresting people found to be driving while intoxicated, but also because they serve as deterrents due to their large, highly visible and highly publicized nature. Other drivers will see them or learn about them and perceive that their risk of arrest for intoxicated driving is higher, so they will think twice about drinking and driving.

 

DUI Checkpoints in New Mexico Are Legal?

 

They are legal not just in New Mexico, but in 39 states across the country. In fact, the U.S. Supreme Court ruled that DUI checkpoints were legal and valid for the entire country in the 1990 Michigan v. Sitz case, arguing that the sole purpose of DUI checkpoints was to detect DUI – something that served the public – and that they didn’t inherently violate our Fourth Amendment rights against illegal search and seizure as long at they were performed within specific parameters.

 

There is still dissention nationally, though, as evidenced by the fact that 11 states have outlawed the practice, saying that it violates their state constitutions. But since New Mexico isn’t one of those 11, currently DUI checkpoints are legal in the state as long as they fall within specific guidelines.

 

What If You Come Upon a New Mexico DUI Checkpoint?

 

If you are stopped at a New Mexico DUI checkpoint, act like you would any other time a police officer pulls you over in your car. Above all, remain calm and polite throughout, taking care to keep your hands visible at all times and avoid making any sudden movements that could prompt the officer into action.

 

Come to a complete stop, and lower your window so that you can speak to them. Just like in a normal traffic stop, the officer will likely ask for your license and registration so that they can run the information, so try to have these ready for them. They might also ask your name and address, and you should give them these as well.

 

If, however, the officer asks you any further questions, whether or not they seem innocuous, it is in your best interest not to answer. Checkpoint officers have been trained to get you to admit to drinking, and you don’t want to do anything to unintentionally incriminate yourself. In a polite manner, simply decline to answer any further questions. It is better to offer a blanket refusal to answer questions rather than answering some and not others, because this can actually seem more suspicious. If the officer continues to press you on questions, say that you want to speak to a lawyer.

 

The officer might ask you to take a field sobriety test if they believe that you may be intoxicated. Under no circumstances should you agree to this test. A series of balancing activities might seem innocuous, but most New Mexico DUI attorneys will tell you that the test is a bad idea because it’s designed for you to fail it. Your results are even based on the subjective opinions of the administering officer!

 

If You Are Arrested at a DUI Checkpoint in New Mexico

 

Immediately ask to speak to a New Mexico DUI attorney, and refuse to answer any further questions. Anything you say can and will be used against you, so silence is your best defense until you can speak to a professional and formulate a defense.

 

If you haven’t been offered one yet, there is a high likelihood that the police will ask you to take a blood alcohol test at this point. Don’t panic if you take the test and fail it. These kinds of tests can give false readings for any number of reasons, including improper calibration, user error, and differences in your body physiology.

 

To learn how to get your incorrect BAC test results thrown out of court and go over your options, contact an experienced DUI lawyer in New Mexico today.