McGraw & Strickland, LLC

If you are hurt, call for a free phone consultation

575-523-4321

Champions Of Our

Clients’ Rights

BEING CHARGED WITH DUI / DWI WHEN YOU WEREN'T DRIVING

In New Mexico a person can be charged with DUI or DWI even when they are not actually driving. Many people find this hard to believe, but if a person gets into his or her car and chooses NOT to drive but rather to sleep it off in the car or wait in the car for a ride, they can still be charged with DUI or DWI.

In 2010 the New Mexico Supreme Court somewhat limited the prosecutions ability to win guilty verdicts on these DUI /DWI cases by requiring the prosecution prove: "actual physical control of a vehicle" and a "general intent to drive."

For a jury to determine whether an individual is in actual physical control of a vehicle, the following factors can be considered:

1. Whether the vehicle was running;

2. Whether the ignition was on;

3. Where the ignition key was located;

4. Where and in what position the driver was found in the vehicle;

5. Whether the person was awake or asleep;

6. Whether the vehicle's headlights were on;

7. Where the vehicle was stopped;

8. Whether the driver had voluntarily pulled off the road;

9. Time of day;

10. Weather conditions;

Keep these factors in mind if you are ever inside a vehicle while intoxicated.

The attorneys at McGraw & Strickland have won successful verdicts on many DUI / DWI cases. If you need help with your case, you can contact the law office at: (575) 323-1529

Las Cruces, NM

No Comments

Leave a comment
Comment Information

Connect With An Attorney Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

McGraw & Strickland, LLC
165 West Lucero Ave.
Las Cruces, NM 88005

Phone: 575-523-4321
Fax: 575-680-1200
Las Cruces Law Office Map