What are the common elements of a DWI defense case?

DWI defense cases typically involve a combination of elements that are meant to challenge the state’s evidence that the defendant was driving while impaired. Generally, a DWI defense case in New Mexico will involve the following elements: 1. Challenging the Traffic Stop: Questions may be raised about the validity of the traffic stop itself. For instance, was the police officer aware of reasonable suspicion that the defendant was breaking the law? 2. The Implied Consent Law: New Mexico has an implied consent law, meaning that any driver who refuses a sobriety test or blood alcohol test initially can face a one-year driver’s license suspension. A defense attorney may attempt to get the evidence from the test thrown out if it can be proven that the police officer did not properly explain the implied consent law to the defendant. 3. Challenging the Results of the Sobriety Test: There are a number of ways a defense attorney can challenge the results of a sobriety test, such as through questioning the accuracy of the results, the qualifications of the officer administering the test, or the procedure used to conduct the test. 4. Defending against Intoxication: An experienced defense attorney may be able to help the defendant demonstrate that they were not impaired at the time of the offense. This could be done by proving that the defendant was not drinking, or by presenting evidence that any impairment was caused by a medical condition or prescription medication. No two DWI defense cases are alike, so an experienced defense attorney is necessary to best assess the individual elements of the case. By evaluating the specific facts of the case, a defense attorney can identify the best possible defense strategy for that particular case.

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What are the common elements of a DWI defense case?

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