Albuquerque Drunk Driving Accident Lawyers

Drinking and Driving Laws in New Mexico

As a driver and a resident of Albuquerque, it’s important to be aware of the drinking and driving laws in New Mexico. They play a role in your car accident claim, particularly when proving fault. Our lawyers have a comprehensive understanding of the laws and how they could impact your case.

According to the Motor Vehicle Department (MVD), it’s illegal to drive with a blood alcohol concentration (BAC) of .08 or more if you’re 21 or older. If you’re under 21, the limit is .02. This allows for medications that contain alcohol, like some cough syrups. Truck drivers who operate commercial vehicles are limited to a 0.04 BAC. A person can be convicted of a DWI (Driving While Impaired) with a lower BAC than the legal limit if it is proven that their ability to drive was impaired to the slightest degree.

To prove a driver was operating their vehicle under the influence of alcohol, a law enforcement official only has to prove four points. First, the officer has to have reasonable grounds to believe the driver was intoxicated. Then, they need to show that the person was arrested and that the administrative hearing was held no later than 90 days after the notice of license revocation. Finally, the officer needs to explain that the person refused to submit to a breathalyzer or other sobriety tests, or a chemical test was administered, and the results were above the legal limit.

If a driver’s license is taken away because of a DWI, the revocation period can last anywhere from six months to a lifetime. It depends on how many times they’ve been convicted and how they acted when they were pulled over. A first-time, cooperative offender is likely to have a shorter revocation period than someone who has been pulled over and arrested on multiple occasions.

Understanding the Effects of Alcohol

A standard alcoholic beverage contains 0.6 ounces of pure alcohol. In general, a person’s liver can process that amount of alcohol in approximately one hour. What is considered a standard drink is broken down by type. Twelve ounces of beer with 5% alcohol, eight ounces of malt liquor at 7%, five ounces of wine with 12%, and 1.5 ounces of hard liquor at 40% are the standards.

There are a number of factors that affect how a person’s BAC level increases, not just the amount of alcohol they consume. An individual’s weight, gender, pattern of drinking, and genetics play a role. The symptoms of intoxication, however, are fairly similar for the different BAC levels.

• 0.02%. At the lowest level of intoxication, a person is likely to feel relaxed and warm. They are capable of making poor judgments.
• 0.05%. At this level, behaviors become exaggerated. The person may speak louder and lose control of small muscles. For example, they may lose the ability to focus their eyes. Judgment is impaired, and coordination is reduced. Because inhibitions are lowered, it is more likely they will engage in risky activity.
• 0.08%. It is considered illegal to drive at this point of intoxication because balance, speech, reaction times, and the ability to hear worsen. It is difficult to stand still, focus on objects, and evade obstacles. Short-term memory may be affected, and reasoning, judgment, self-control, and concentration are impaired.
• 0.10%. At this point of inebriation, reaction time and control are reduced, and speech is likely to be slurred. Arm and leg coordination is poor.
• 0.15%. This is a very high BAC. Walking and talking become difficult. Vomiting may begin.
• 0.20-0.29%. Nausea and vomiting are common at this point. Standing and walking may be impossible without help. The sensation of pain decreases, and blackouts may happen.
• 0.30-0.39%. Unconsciousness sets in at this stage, as does the increased chance of death. Increased heart rate, irregular breathing, and loss of bladder control can occur.
• 0.40% and over. This level of intoxication can result in sudden death.

As you can see, even an amount of alcohol that is considered legal can impair a person’s ability to drive. That is why it is so important to always have a designated driver or a way to get home without getting behind the wheel.

The Consequences of Drinking and Driving in Albuquerque

According to the Traffic Crash Annual Report for New Mexico, there were 2,050 crashes involving alcohol in 2017. While 1,013 only resulted in property damage, 906 caused injuries, and 131 were fatal. All in all, 4,626 drivers and vehicle occupants were involved. Of those people, 1,406 were injure,d and 147 died. More than half of the drunk drivers were males between the ages of 20 to 34.

When someone gets behind the wheel intoxicated, there are a number of predictable effects. Because of the decline in visual function, the ability to track objects and divide attention will decline. They will be unable to control the speed of their vehicle and will have reduced information processing capabilities.

As a result of their impairment, a driver is more at risk of swerving off the road or into the oncoming traffic lane. Head-on collisions are among the deadliest for all involved. Even a minor crash can result in serious injuries and extensive losses.

Compensation That May Be Available After a Drunk Driving Accident

A serious alcohol-related crash can touch nearly every part of your life, from your ability to work to your day-to-day routines at home. Through a civil personal injury claim, it may be possible to seek compensation for both your economic and non-economic losses. Economic losses are the financial costs that can often be documented with bills and records, while non-economic losses relate to how your injuries have affected your quality of life, relationships, and emotional well-being.

To give you a sense of what may be recoverable, compensation in a drunk driving accident case can include categories such as:

• Medical expenses. Hospital stays, surgery, doctor visits, physical therapy, medications, and future treatment needs.
• Lost income. Wages you missed while you could not work, as well as reduced earning capacity if you cannot return to the same job or hours.
• Property damage. Repair or replacement costs for your vehicle and important personal items damaged in the crash.
• Pain and suffering. Physical pain, emotional distress, and loss of enjoyment of activities you previously valued.

In some New Mexico drunk driving cases, the conduct involved may also support a claim for additional damages that are meant to punish especially egregious behavior and discourage similar conduct in the future. A drunk driving accident lawyer in Albuquerque can review the facts of your situation, evaluate the types of losses you have experienced, and discuss with you which categories of compensation may apply. This type of careful evaluation helps ensure that when you make decisions about settlement offers, you are doing so with a full picture of both your current and future needs.

Frequently Asked Questions

How Long Do I Have To File a Drunk Driving Injury Claim in New Mexico?

New Mexico law sets time limits, called statutes of limitations, for filing personal injury lawsuits. In many drunk driving injury cases, you may have several years from the date of the crash to file a lawsuit, but specific deadlines can vary based on the facts of your case and who is involved. Because these time limits are strict, it is wise to speak with a legal professional as soon as you can after the collision so you understand which deadlines apply.

Do I Have To Cooperate With the Drunk Driver’s Insurance Company?

You may be contacted by the drunk driver’s insurer soon after the crash and asked for a recorded statement or to sign forms. You are generally not required to give a recorded statement to the other driver’s insurance company, and doing so can sometimes create misunderstandings about what happened. Before you answer detailed questions or sign documents, you may want to get advice about how to protect your interests while still moving your claim forward.

Can I Bring a Claim If the Drunk Driver Was Not Convicted of DWI?

A criminal DWI case and a civil personal injury case are separate, and they follow different rules of proof. It is possible to pursue a civil claim for your injuries even if the driver was not convicted or if criminal charges were never filed. In a civil case, the focus is on whether the driver was negligent and whether that negligence caused your injuries, and the outcome does not have to match what happened in criminal court.

Contact Our Drunk Driving Accident Lawyer in Albuquerque Today

If you’ve been the victim of a drunk driver, you’re likely dealing with medical bills, lost wages from time off work, property damage costs, pain and suffering, and more. Our Albuquerque drunk driving accident lawyers are here to provide you with the legal representation you need to recover from your injuries as quickly as possible. We’ll do what it takes to help you get your life back in order.

Filing a personal injury claim takes time, so it’s important to get started as soon as possible after a crash with our Albuquerque drunk driving accident lawyers. To learn more about your rights and the legal process, contact our firm today.