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Know Your Rights – Help! I’ve been arrested for DUI on the Navajo Nation!

Never admit to drinking to a Navajo police officer! Should you ever find yourself the target of a DUI investigation, never admit to drinking to a Navajo police officer. Pursuant to the Navajo Bill of Rights and the prohibition against self-incrimination, you are not required to answer such an incriminating question. 1 N.N.C. § 8. […]

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What’s the Difference Between a Public Defender and a Private Attorney?

If you find yourself in a tough legal situation, then you will need a lawyer. Not having a lawyer is unacceptable. Pleading guilty is unacceptable. Surrendering without a fight is not an option. You need a lawyer who will represent you to the best of his or her ability. A lawyer can save you money […]

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What are the consequences of refusing a DWI breath test in New Mexico, and what are the consequences of not hiring a private attorney?

If you have been pulled over for DWI (Driving While Intoxicated), you might be asked to take a breath test to verify whether you are impaired and to determine the level of blood alcohol in your system. Should you refuse? What are the legal consequences of declining a breathalyzer test in New Mexico? There are […]

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Know your Rights! If Zuni police have arrested you for DWI act quickly.

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 […]

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Navajo Nation police are required to “Mirandize plus” detainees. How does this apply to DWI?

In general, state constitutions and the federal constitution protect the accused from self-incrimination. In a DWI investigation self-incrimination can take several forms, including answering the following common questions from the investigating police officer: whether one has had anything to drink, where one has been drinking, or where one is driving from and to. Any answer by […]

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New Mexico Court of Appeals Upholds Suppression of Ron Bell DWI Stop

Albuquerque’s celebrity attorney Ron Bell (the guy with the billboards that promises to sue drunk drivers) was recently himself the subject and target of a DWI investigation despite blowing a 0.0 and having prescription Adderall in his blood. In a blow to permitting New Mexico police and prosecutors to arrest and charge DWI when a Defendant is […]

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If You Have Been Arrested for DWI You Have 10 Days From Your Arrest To Demand License Revocation Hearing

If you are arrested by a New Mexico police officer under suspicion of committing a DWI, your driver’s license will be confiscated at the scene by the police if your breath score is at or above the legal limit, or if you have refused to take the breath/blood test. The state MVD then attempts to revoke your […]

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Question: What does “reasonable suspicion” and “probable cause” mean for a New Mexico DWI investigation?

Question: What does “reasonable suspicion” and “probable cause” mean in a DWI investigation? And what’s the big deal if I admit to having only drank “a couple” of beers? Before a New Mexico police officer can make contact with a person and conduct a DWI investigation, it is required that the police have “reasonable suspicion.” […]

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