A drunk driving charge can come with stiff penalties, from fines and insurance rate increases to driver's license suspension and jail time. If you've received a DUI, you need to work closely with a DUI attorney to understand the charges you're up against. To help you navigate the legal process, below are a few facts to know about DUIs.

What You Need to Know About DUIs

1. You Can Be Charged Even If Your BAC Is Under the Limit 

When a suspected drunk driver is pulled over and given a breathalyzer, they are automatically charged with a DUI if they blow at or above the legal blood alcohol content limit of .08 percent. However, even a driver who blows under .08 can still be charged with a DUI. If an officer notices signs, however slight, that alcohol or another substance has impaired a driver's ability to safely operate a vehicle, the driver can be given a DUI, even if the breathalyzer results show a BAC of less than .08 percent.

2. DUIs Don't Only Apply to Alcohol

A driver can receive a DUI even with no alcohol in their system. Drugs can impair one's driving ability just as much as alcohol—even legal drugs that a person takes as prescribed by their doctor. This kind of intoxication is harder to analyze with a breathalyzer, so a suspected driver will typically be asked to take a blood or urine test to measure the type and amount of drug in their system.

3. You Can Refuse to Be Tested

In New Mexico, as in many states, you can legally refuse a breath, blood, or urine test. However, there are consequences, and they are extreme. Your driver's license will be revoked for a minimum of one year, and you will not be eligible for an ignition interlock device. Also, your refusal can be used against you in court. At the same time, a refusal makes a criminal conviction more difficult to establish. Always discuss your defense strategy with a DUI attorney so you know the various ways the case could play out and the extent of the consequences that could be handed down.

Gary C. Mitchell, P.C. is a DUI attorney in Lincoln County, NM, and he has been representing clients throughout the state since 1977. His office offers legal services in all types of criminal law cases, as well as in accident and injury claims and civil rights violations. Let Attorney Mitchell fight for you and your rights. Call (575) 257-3070 or visit the website to schedule a consultation with this DUI attorney today.