DUI checkpoints are areas where law enforcement can legally stop you to carry out drunk driving tests in New Mexico. These days, such police operations have become routine as part of the force’s mission to crack down on drug and alcohol use while driving.
DUI stops are legal in New Mexico, but police have to adhere to specific guidelines under the law. Rules protect citizens from police intrusion into their lives and ensure liberty is upheld. For example, authorities must provide advanced notice of any stop point, and they must follow safety protocols and the proper stopping procedures.
The purpose of this guide is to tell you more about your rights when police stop you at a DUI checkpoint and how you should behave, if stopped.
Your DUI Checkpoint Rights.
Many of your rights at a DUI checkpoint will sound familiar because they are so enshrined in American law. However, New Mexico also offers additional rights that you may want to consider exercising if stopped.
- The Right To Remain Silent
Under New Mexico law, you must provide your registration information, proof of insurance, and your driver’s license. Beyond that, you don’t need to say anything (especially when accused of a DUI).
Therefore, when stopped at a DUI checkpoint, you have the right to remain silent. You will not face additional penalties if you decline to answer further questions posed by the police.
- Right To Refuse Field Sobriety Tests
Under New Mexico law, you agree to submit to chemical blood alcohol concentration (BAC) testing when you get into a vehicle and start driving. However, you can refuse field tests. These include breathing into a handheld breathalyzer at the side of the road and “walking the line.” If you refuse these, police may take you to the police station for more comprehensive testing (which you must agree to or face penalties).
- Refuse A Vehicle Search
You can also refuse a vehicle search at a DUI checkpoint. Police officers must obtain what’s known as “probably cause” to protect citizens from random and invasive searches.
Under the law, you simply need to say, “I do not consent to a search” unless required. Police officers should be able to tell you if a search is required, so record your interactions if you can.
- Right To An Attorney
Finally, you have the right to request an attorney if law enforcement officials decide to press charges. DUI lawyers can assist you in defending your rights in DUI checkpoint situations.
What To Do If Law Enforcement Pulls You Over At A DUI Checkpoint
Knowing what to do if pulled over at a law enforcement checkpoint is equally important if you want the interaction to go well. If your attitude is wrong, police might suspect you of drunk driving or another crime.
Here’s what we recommend you do:
Keep Your Hands Visible
You should keep your hands visible at all times during a DUI stop so officers feel safe. Best practice is to ensure they remain on the steering wheel at all times, unless following instructions from the officer.
Don’t make any sudden movements with your hands that might indicate you are reaching for a gun. Police are trained to shoot if they think their lives might be in danger.
Know Your Testing Options
You should also know your testing options in advance. New Mexico allows you to opt out of field sobriety tests, but you may require a chemical test (which involves breath, blood and urine). This latter option is more invasive and what’s required if you want to avoid license suspension and aggravated DUI charges.
Decline Police Questions
Another piece of advice is to decline additional questions after you provide the required documents. Try to avoid general chit-chat or conversation, and exercise your right to remain silent.
Be Cooperative
Finally, be polite and cooperative. Avoid the temptation to get angry or act out. Police may interpret this as a sign that they should investigate your vehicle further. If the officer walks up to your vehicle, always roll down your window so you can greet them and provide documents if necessary.
What Not To Do If Stopped At A DUI Checkpoint In New Mexico
At the same time, there are some things that you should not do if stopped at a Mexico DUI checkpoint.
Don’t Provide False Information
Don’t provide officers with false information as it can make future legal trouble more likely. For example, if police ask you if you have been drinking (and you have been), you can say, “I decline to answer this question” or remain silent. Don’t say no, if you have been.
Don’t Consent To A Search Unless Required
Also, don’t consent to a police search of your vehicle unless the officer has “probably cause” or a warrant from a judge. The police should provide you with this information. If they go ahead and search your vehicle, probable cause must be in place first, otherwise the stoppage is illegal.
Don’t Avoid The Checkpoint
Another no-no is to try to avoid the checkpoint. If you attempt to turn around, police may view this as suspicious, get into their vehicles, and stop you.
Don’t Drive Under The Influence
Finally, it goes without saying that you want to avoid driving under the influence of alcohol or drugs. Police are often quick to detect people who have been using substances, and they have test kits to confirm if you have.
Get A DUI Attorney If Charged With A DUI At A New Mexico Checkpoint
It is critical to know your rights if stopped by a DUI checkpoint. What you do can determine the outcome of the interaction.
If you are facing charges because of a DUI stop, contact us as fast as you can. We can guide you through the legal process and represent you if necessary, challenging the evidence against you and ensuring law enforcement follows the proper legal process.