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January 07, 2010
Drunk-Driving
             
 
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Did You Know?    
 
 
Aggravated Vehicular Homicide (while driving intoxicated)
One state defines this as Class A Felony If any of the following conditions are present: Two or more prior (a) DUI convictions or Vehicular or (b) Vehicular Assault convictions or (c) any combination One prior Vehicular Homicide A BAC of .20 or greater at the time of the vehicular homicide and has one (1) prior DUI or Vehicular Assault offense

 

Driving under the influence (DUI) of alcohol, or "drunk driving," in Albuquerque is by far the most commonly encountered offense in the courts today. In 2002, it is estimated that nearly 17,500 people were killed in automobile collisions involving alcohol. According to the National Highway Traffic Safety Administration (NHTSA), this represents 41 percent of the 42,815 people killed in all traffic accidents and crashes that year.

 
New Mexico Drunk Driving BAC Related Deaths    
 
 
Motor Vehicle Fatalities Involving High Blood Alcohol Concentration in New Mexico
Total fatalities 1995 485
Fatalities involving high blood alcohol 202
Percent 42
Total fatalities 2000 430
Fatalities involving high blood alcohol 159
Percent 37

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, National Center for Statistics and Analysis, Traffic Safety Facts 2000:
 

Defending against a charge of drunk driving in Albuquerque is tricky business. A Albuquerque DUI defense attorney needs to understand scientific and medical concepts, and must be able to question tough witnesses including scientists and police officers.

If you want to fight your drinking and driving charge in Albuquerque, you're well advised to hire an attorney who specializes in these types of cases. They may be able to get you off the hook, or lessen the fine or punishment imposed.

The laws concerning "drunk driving" have changed radically over recent years. A person arrested today for driving under the influence of alcohol ("DUI", also referred to as "DWI" or driving while intoxicated) faces complicated criminal procedures and a potentially devastating punishment that can be more severe than a penalty handed down in a felony case.

An experienced attorney who specializes in blood alcohol analysis and drunk driving cases can effectively handle criminal and administrative proceedings. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field and the results are disastrous.

Drunk Driving Punishments

The punishment in drunk driving cases is set forth by state statute and can be incredibly complex. The basic statute determines the range of possible sentences, with modifications for such things as:

  • Having a prior conviction within seven years
  • Speeding 20 mph over the limit
  • Having a child under 14 in the car
  • Having a blood alcohol content reading over .20%
  • Refusing to submit to chemical testing

Within the range, the actual sentence in a drunk driving case will be affected by:

  • The facts of the case
  • Any policies of the local court and prosecutors
  • The weaknesses in the case uncovered by the defense attorney
  • The reputation of that attorney
  • All of this is independent of a DMV suspension, which is determined separately and which can be very complicated.

Contact a DUI Lawyer in Albuquerque now!

 
Albuquerque Audio & Video    
 
  DUI Not Grounds for Deportation, High Court Rules
Audio, RM, 44 Kbps, 3:33, 11/9/2004

The Supreme Court rules that driving under the influence is not a crime of violence that can occasion deportation, finding unanimously that the law requires that the defendant showed intent to injure.
Source: National Public Radio
 
 
Albuquerque External Sites    
 
 

Current Trends Drivers With Repeat Convictions or Arres
... ranged from 21% (Iowa during 1992) to 48% (New Mexico during 1992) Table_1. ... Although state laws have been effective in reducing drinking and
NATIONAL CENTER FOR INJURY PREVENTION AND CONTROL BIBLI
Promoting the Health of Adolescents: New Directions for the Twenty-first Century. ... National Drunk and Drugged Driving Prevention Month -- December

 


  Newsroom  
 


News about DUI & Drunk Driving cases in Albuquerque and nationwide:

AG Lynch Leads Effort To Strengthen RI's Drunk Driving Laws
 Rhode Island Governor Donald L. Carcieri signed legislation on Wednesday, July 5, 2006 eliminating a major loophole in the state's drunk driv...
Read more >


Hazelden and MADD Collaborate
Hazelden and MADD Collaborate To Bring Evidence-Based Alcohol Prevention Curriculum To Elementary Students

Center City , ...

Read more >


Students encouraged to "Make the Right Choice" and to prevent drunk driving
Oahu, HI —  Attorney General Mark J. Bennett, The Hawai`i Hotel and Lodging Association and The Century Council, a national not-for-profi...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Horizontal Gaze Nystagmus (HGN)

Definition:
Horizontal gaze nystagmus is a naturally occurring involuntary jerking of the eyeballs as they gaze side to side. It is theorized that when a person is impaired by alcohol, the nystagmus (the jerking of the eyeballs) is magnified or pronounced.

OUI

Definition:
OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle.

Vehicular Homicide

Definition:
Vehicular homicide is the killing of another person by one’s unlawful or negligent operation of a motor vehicle.

More DUI Attorneys.com Terms >

 

DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

More Resources >

 

DUI/DWI Hot Topics

 
Topics Related to DUI/DWI:

  • Blood Alcohol Content (BAC)
  • Breathalyzer Test
  • Failed Sobriety Test
  • Legal State BAC Limits

More DUI/DWI Topics >

Albuquerque Drunk-Driving Attorney

 
If you live in the following cities and need legal help you should contact our Attorney as soon as possible:

  • Alamogordo
  • Albuquerque
  • Anthony
  • Artesia
  • Aztec
  • Belen
  • Carlsbad
  • Clovis
  • Deming
  • Edgewood
  • Espanola
  • Farmington
  • Gallup
  • Hobbs
  • Las Cruces
  • Las Vegas
  • Los Alamos
  • Los Lunas
  • Portales
  • Rio Rancho
  • Roswell
  • Santa Fe
  • Shiprock
  • Silver City
  • Taos
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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