If you are facing criminal charges by the Zuni Pueblo in suspicion of any crime, including DWI, know that both the Zuni law and the Indian Civil Rights Act afford you certain protections.
If you were arrested for DWI, and you blew .08 or above, or you refused to take the breathalyzer, you automatically lose your right to drive on the Zuni Pueblo for ninety (90) days unless you demand within ten (10) days from your DWI arrest an “implied consent” hearing with the Zuni Tribal Court. ZTC § 6-1-10. (This is in addition to any punishment that the Zuni criminal court may impose.)
There are certain rights you have as a criminal defendant that are time sensitive, such as the right to demand a jury trial, or the right to challenge the admission of evidence obtained via a questionable search and seizure, each requiring at least five (5) day’s notice to the court and opposing counsel prior to the scheduled trial. Lucio v. Pueblo of Zuni, 16 SWITCA REP. 2 (2003) (Issues of lack of reasonable suspicion and/or probable cause must be raised via motion and prior to trial). See also ZRCP Rule 11(B)(2)-(3). Zuni Tribe Const. art. III § 2(b).
It is “unlawful for any person who has .08 or more by weight of alcohol in his blood to drive any motor vehicle within the boundaries of the Zuni Reservation.” A sentence for a first offense DWI includes a mandatory minimum sentence of ten (10) days, and a conviction for a second or more DWI carries a mandatory minimum sentence, which cannot be suspended, of at least fifteen (15) days and up to six (6) months. ZTC § 6-1-6.
If you or a loved one is facing DWI charges on the Zuni Pueblo, do not hesitate and call the office today to schedule a consultation, (505) 722-9331.