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New Mexico Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of New Mexico or Court of Appeals of New Mexico where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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State v. Arroyos - 5/23/2005
{1} The State appeals from the district court's order suppressing evidence and dismissing the DWI charge against Ruben Arroyos (Defendant) where a Deputy Marshal of the Town of Mesilla stopped Defendant in the City of Las Cruces for...

State v. Montoya - 4/21/2005
{1} The important issue in this case is whether this Court's holding in State v. Morales, 2002-NMCA-016, 5-11, 131 N.M. 530, 39 P.3d 747, that trial courts may designate certain offenses as serious violent ones, limiting...

State v. Hunter - 4/19/2005
Defendant was charged with custodial interference in violation of NMSA 1978, § 30-4-4 (1989). The charges were based on a foreign custody order from Missouri. After pleading no contest, Defendant sought to withdraw his plea. The...

State v. Notah-Hunter - 4/1/2005
{1} Defendant appeals from the district court's order, upon appeal from magistrate court, determining that Defendant was guilty of the offense of aggravated driving while under the influence of intoxicating liquor and affirming the...

Grant v. Cumiford - 3/31/2005
{1} Both Mother and Father appeal from the district court's custody, timeshare, and child support order that arose from Father's motion to modify custody, timesharing, and support. The district court sealed the trial on the merits,...

Maso v. State of New Mexico Taxation and Revenue Dep't - 7/14/2004
Petitioner Raphael Maso appeals from an opinion of the Court of Appeals which held that an English-language notice of a license- revocation proceeding that had been personally served on a Spanish-only speaker when he was arrested for...

State v. Munoz - 6/24/2004
Defendant, Armando Munoz, appeals his conviction on two counts of great bodily injury by vehicle (GBI). Defendant argues that the district court improperly refused his request for an instruction on the lesser offense of driving while...

State v. Guzman - 6/2/2004
Defendant Bertha Montoya Guzman appeals from her conviction of vehicular homicide, accidents involving death or personal injuries, tampering with evidence, and aggravated driving while under the influence of intoxicating liquors. She...

State v. Shay - 4/21/2004
In separate appeals, Defendants Leon Joseph Shay and James Vonbehren appeal their sentences as habitual offenders. We address both appeals together in this opinion because both Shay and Vonbehren argue that the amendment to NMSA...

State v. Celusniak - 4/15/2004
The female Defendant was a passenger in a car that contained two male passengers and a female driver. A state police officer pulled the car over when he observed that the driver was not wearing a seat belt. While speaking to the driver,...

State v. Smith - 1/12/2004
On March 19, 2003, HB 250, 2003 N.M. Laws Ch. 51, became law when signed by the Governor pursuant to its emergency clause. This law did not change the existing provision of Section 66-8-102(G). On March 28, 2003, the Governor...

Maso v. State of New Mexico Taxation and Revenue Department - 1/12/2004
Appellant Raphael Maso (Driver) raises due process concerns about the notice that he received of his right to request a hearing prior to the revocation of his driver's license under the Implied Consent Act (the Act). NMSA 1978, §§...

In re Neal - 11/26/2003
This matter came before the Court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, Rules 17-101 through 17-316 NMRA. In those proceedings, respondent Drew Alan Neal was found to have...

State v. Laney - 10/14/2003
On April 14, 2000, Defendant was involved in a fatal car accident. Defendant fled the scene on foot, but was apprehended and arrested eleven days later. An indictment was issued on May 9, 2000, charging Defendant with homicide by vehicle...

State v. Contreras - 9/12/2003
The State appeals the trial court's order suppressing evidence obtained following a traffic stop of Defendant. The stop was initiated pursuant to an anonymous tip from a concerned motorist who observed erratic driving. We discuss whether...

State v. Wildgrube - 6/23/2003
Defendant David Wildgrube appeals his conviction and sentence for homicide by vehicle in violation of NMSA 1978, § 66-8-101 (1991). Defendant challenges his conviction on the grounds of insufficient evidence to support the...

State v. Torres - 6/10/2003
Is a defendant entitled to a mistake-of-fact jury instruction when charged with the unlawful carrying of a firearm into a licensed liquor establishment contrary to NMSA 1978, § 30-7-3 (1999)? We answer the question in the negative...

State v. Foster - 5/16/2003
On November 5, 2001, Defendant was tried before a jury in magistrate court for aggravated driving under the influence of intoxicating liquor or drugs (DWI) (second offense) in violation of NMSA 1978, § 66-8-102 (1999). During the trial,...

State v. Gutierrez - 4/24/2003
Defendant appeals from convictions of driving while under the influence of intoxicating liquor, speeding, and failing to obey a stop sign. He asserts (1) questions by the prosecutor violated his right to remain silent, and (2)...

State v. Kirby - 3/21/2003
Two cases on appeal present for us the issue whether administrative imposition of the civil penalty contained in the New Mexico Securities Act bars, under New Mexico Double Jeopardy jurisprudence, a criminal prosecution under that...

State v. Joe - 3/19/2003
On the evening of July 12, 2001, Defendant was seen by San Juan County Sheriff's Deputy Eric Jiles driving at sunset in a car without its headlamps illuminated. Deputy Jiles testified that it was very dark, overcast, very cloudy, and black...

State v. Augustin M. - 3/5/2003
Three cases on appeal present the issue whether failure to instruct a grand jury on a target's probable trial defenses requires dismissal of the indictment. We consolidate the three appeals and hold that the rule requiring...

State v. Calvert - 12/13/2002
We consolidate three cases on appeal which raise two questions integral to the mandatory sentencing provisions of NMSA 1978, § 66-8-102 (1999): whether a defendant may be awarded presentence confinement credit where the defendant...

State v. Frost - 11/14/2002
The State appeals the trial court's order authorizing Defendant to serve the last four months of his six-month mandatory "jail term" as a DWI repeat offender in an electronic monitoring program (EMP) administered by the Chaves...

State v. Caudillo - 11/6/2002
Defendant Michael Caudillo appeals from his judgment and sentence for driving while intoxicated (DWI), fourth offense. His appeal presents this Court with another opportunity to discuss the evidence necessary to support a DWI...

State v. Onsurez - 5/13/2002
Defendant was convicted in magistrate court of aggravated driving while intoxicated. He filed a de novo appeal, was convicted in district court, and now appeals his judgment and sentence. Defendant makes the following arguments:...

City of Albuquerque ex rel Albuquerque Police Dep't v. One 1984 White Chevy UT. - 4/24/2002
This case arises under an ordinance (Ordinance) enacted by the City of Albuquerque to obtain civil forfeiture of motor vehicles from those motorists who drive after having had their licenses revoked for convictions for driving...

State v. Martinez - 2/15/2002
Defendant appeals from a judgment by the Second Judicial District Court, which affirmed his metropolitan court conviction for DWI (first offense). Defendant was convicted under NMSA 1978, Section 66-8-102(C) (1999), which prohibits...

State v. Hicks - 2/7/2002
Under New Mexico's failure to appear statute, a person commits up to a fourth degree felony if, while released pending trial or appeal in a criminal action, he or she "fails to appear before any court . . . as required." NMSA 1978,...

State v. Christmas - 12/28/2001
Defendant was convicted of driving under the influence of intoxicating liquor (DWI), contrary to NMSA 1978, § 66-8-102(A), (C) (1999). On appeal, Defendant argues (1) the trial court abused its discretion in admitting the results...

State v. Gage - 12/27/2001
Defendant Raymond Eric Gage was convicted and sentenced in magistrate court for driving while intoxicated, and upon his trial de novo in district court, he was convicted and sentenced again. On the district court remand to...

State v. Lasworth - 12/7/2001
INTRODUCTION In State v. Torres, 1999-NMSC-010, 30, 127 N.M. 20, 976 P.2d 20, the Supreme Court held that the results of a horizontal gaze nystagmus (HGN) field sobriety test constitute scientific evidence within the...

Sanchez v. Kirby - 11/27/2001
Defendant Paul Kirby's motion for rehearing is denied. The opinion filed in this case is withdrawn and this opinion is substituted in its place. Plaintiff Cecilia Sanchez has filed two motions to dismiss Defendant Paul...

State v. Sanchez - 11/7/2001
Defendant, Roberto Sanchez, appeals from the judgment and sentence of the trial court for aggravated driving while under the influence of alcohol (DWI), pursuant to NMSA 1978, Section 66-8-102(D)(3) (1999). On appeal, Defendant...

State v. Roper - 10/30/2001
This case raises multiple issues concerning the sufficiency of the evidence for Defendant's various convictions and the manner in which he was sentenced for them. We hold that the evidence was in all respects sufficient and that...

State v. Baldwin - 7/19/2001
The opinion heretofore filed in this case is withdrawn and the following substituted therefor. This appeal examines the evidence required to sustain a conviction under the so-called per se section of the driving while under...

State v. Santillanes - 6/29/2001
Following a jury trial, Defendant Nathan Santillanes was convicted of five counts of vehicular homicide, see NMSA 1978, § 66-8-101(C) (1991), four counts of child abuse resulting in death, see NMSA 1978, § 30-6-1(C) (1989, prior to...

State v. Marquez - 6/26/2001
Arthur Marquez (Defendant) appeals his conviction of driving under the influence (DUI). He contends that he was denied his right to a speedy trial as guaranteed by the Sixth and Fourteenth Amendments of the United States...

State v. Hernandez - 6/22/2001
This case presents an issue of first impression in New Mexico: Whether the offense/conviction chronological sequence required by State v. Linam, 93 N.M. 307, 600 P.2d 253 (1979) and Koonsman v. State, 116 N.M. 112, 860 P.2d 754...

State v. Lefebre - 3/2/2001
Daniel LeFebre (Defendant) appeals his convictions for driving under the influence, failure to demonstrate proof of financial responsibility, reckless driving, and two counts of resisting, evading or obstructing an officer....

State v. Coyazo - 3/2/2001
Defendant Oscar Coyazo pleaded no contest to his ninth conviction for driving while intoxicated (DWI), his third felony DWI. At his sentencing hearing, the district court sua sponte aggravated the maximum felony DWI sentence by...

State v. Maynes - 2/13/2001
In 1993, Defendant was charged in metropolitan court with driving while intoxicated (DWI) and driving without a license. After failures to appear for trial in 1993 and 1995, he was arrested on a bench warrant in April 1999 and a...

Armijo v. State - 2/2/2001
Petitioner-Appellant (Driver) appeals from the revocation of his driving privileges for a period of ten years pursuant to NMSA 1978, § 66-5-5(D) (1999). The issue on appeal is whether the Motor Vehicle Division (MVD) erred in...

State v. House - 1/4/2001
In this appeal, Gordon House (Defendant) appeals from the sentence imposed upon remand, arising from the incident of Christmas Eve 1992. Previously, our Supreme Court affirmed Defendant's convictions. See State v. House,...

State v. Begay - 1/4/2001
The State appeals from three separate Court of Appeals decisions affirming trial court refusals to use a prior felony DWI (driving while intoxicated) conviction, see NMSA 1978, § 66-8-102 (1999), to enhance a sentence for a present...

State v. Johnson - 12/20/2000
BACA, Justice In these consolidated cases, we are called upon to clarify the offense of driving while intoxicated (DWI) and define its parameters. We granted certiorari pursuant to NMSA 1978, § 34-5-14(B) (1972) in order to...

State v. Sedillo - 11/15/2000
The practice of law in the metropolitan, municipal, and magistrate courts of this state is often conducted with a certain degree of informality. The question we address in this case is whether an order in the form of a judge's...

State of New Mexico Taxation & Revenue Dept. - 11/9/2000
Joseph Bargas's driver's license was revoked pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 1993) (the Act). The district court reversed, holding that the Motor Vehicle Division (MVD)...

State v. Lara - 7/13/2000
Defendant appeals from the trial court's Order for Unsatisfactory Discharge from Probation (Order). The issue raised by Defendant's appeal is whether the trial court had jurisdiction to enter the Order after the expiration of the...

Phoenix Indemnity Insurance Company v. Pulis - 7/6/2000
Appellants Larry and Lynette Pulis appeal from the district court's order granting summary judgment in favor of Appellee Phoenix Indemnity Insurance Company. Phoenix filed a complaint for declaratory relief alleging that Lynette...

State v. Guilez - 6/15/2000
Defendant Concepcion Guilez was charged with and convicted of abandonment or abuse of a child, see NMSA 1978, § 30-6-1(C)(1) (1989), and reckless driving, see NMSA 1978, § 66-8-113(A) (1987). Defendant was also charged with...

New Mexico Department of Health v. Compton - 6/14/2000
Respondent, Fred Compton, appeals from the district court's orders granting two petitions under the Mental Health and Developmental Disabilities Code (the Code). See NMSA 1978, §§ 43-1-1 to 43-1-25 (1977 as amended through 1999)....

State v. Williamson - 6/13/2000
Defendant James Williamson appeals from the judgment and sentence of the district court filed after he entered a no contest plea to two counts of possession of a controlled substance and possession of drug paraphernalia. Defendant...

Sitzer v. State - 6/7/2000
This is an appeal from an order of the district court upholding the Taxation and Revenue Department's (the Department) denial of a license revocation hearing. We affirm. BACKGROUND Appellant, Edward Sitzer, was...

Board of Commissioners of Rio Arriba County v. Greacen - 4/24/2000
Petitioners, the Board of Commissioners of Rio Arriba County (collectively referred to as Rio Arriba), appeal an adverse trial court ruling granting summary judgment in favor of Respondents (collectively referred to as Greacen)....

State v. Jones - 4/14/2000
These appeals consider the felony offense of battery upon a peace officer. See NMSA 1978, § 30-22-24 (1971). This Court consolidated these cases on its own motion because they raise the common question of whether spitting, and in...

State v. Santillanes - 1/10/2000
{1} In this appeal, we address whether a defendant can be punished for a single death under two different statutes. Under the specific facts of this appeal, we answer that question negatively. Defendant appeals his convictions of...

State v. Duquette - 12/30/1999
{1} Glenn Duquette (Defendant) appeals his conviction for driving while under the influence of intoxicating liquor (DWI) and his sentence as a fourth-time DWI offender. Defendant argues that the trial court erred in denying his...

Kibbe v. Elida School District - 12/23/1999
{1} Dwayne Kibbe, a certified school teacher, appeals his termination from the Elida Public Schools. Kibbe contends that his termination violated provisions of the Criminal Offender Employment Act (COEA), NMSA 1978, §§ 28-2-1 to -6...

State v. Gaede - 12/7/1999
{1} Defendant appeals his conviction as a fourth-time offender of driving while under the influence of intoxicating liquor (DWI). The sole question raised on appeal is whether the district court erred in determining that Defendant...

State v. Allen - 12/1/1999
{1} Defendant appeals his death sentence pursuant to the Capital Felony Sentencing Act (CFSA), NMSA 1978, §§ 31-20A-1 to -6 (1979, as amended through 1991). He also appeals his convictions of first degree murder in violation of NMSA...

State v. Smith - 10/20/1999
{1} Calvin Smith was convicted after a bench trial, in Metropolitan Court, of Driving While Intoxicated (DWI), contrary to NMSA 1978, § 66- 8-102 (1997). Following his conviction, Defendant appealed to the district court, which...

State v. Coffin - 10/6/1999
{1} Defendant Curtis Coffin appeals his convictions of first degree murder, voluntary manslaughter, and bribery of a witness. Coffin contends that the trial court erred in refusing jury instructions that would have elaborated on his...

State v. Grace - 9/10/1999
{1} Defendant Joseph Grace appeals his conviction for driving while intoxicated (DWI), arguing that he was entitled to a jury trial in district court. Defendant also claims that there was insufficient evidence to prove "driving...

State v. Perea - 9/9/1999
{1} Defendant appeals his felony conviction under NMSA 1978, § 30-24- 3(A)(3) (1997), which prohibits bribery or intimidation of a witness. Defendant was also convicted of misdemeanor criminal sexual contact but was acquitted of the...

State v. Gardea - 7/28/1999
{1} In this felony prosecution in district court for driving while intoxicated (DWI), we examine the effect of a prior nolle prosequi of a misdemeanor DWI arising from the same incident that was filed in metropolitan court, when the...

Martinez v. State - 7/6/1999
{1} In these consolidated cases the Motor Vehicle Division (MVD) of the New Mexico Taxation and Revenue Department appeals three district court orders reinstating driver's licenses for persons who had been convicted of driving while...

State v. Guilez - 6/29/1999
{1} In this case we examine the issue of whether an intoxicated person who drives a vehicle containing a friend and her two minor children may properly be charged with and convicted of both child abuse and the offense of reckless...

State v. Hernandez - 6/7/1999
{1} Defendant was convicted, after a bench trial, of breaking and entering, NMSA 1978, § 30-14-8 (1981), false imprisonment, NMSA 1978, § 30-4-3 (1963), and aggravated battery, NMSA 1978, § 30-3-5 (1969). He now appeals, claiming...

State v. Wenger - 5/19/1999
{1} The State appeals the district court's dismissal of a charge of driving while intoxicated (DWI) against Defendant. The district court dismissed the charge because Defendant was arrested while in actual physical control of a...

State v. Dawson - 4/8/1999
Defendant appeals his conviction for concealing identity, contrary to NMSA 1978, Section 30-22-3 (1963). He raises a variety of issues, which we consolidate into the following four groupings: (1) whether the district court correctly...

State v. Rios - 3/22/1999
{1} The metropolitan court, as a court of record, convicted Defendant for driving while under the influence of intoxicating liquor (DWI) contrary to NMSA 1978, § 66-8-102 (1993). Defendant appealed to the district court, which...

Bruce v. Lester - 3/5/1999
{1} Defendant, appearing pro se, appeals the judgment entered against him as a result of an automobile accident. Plaintiff was awarded $150,000 in damages as a result of the accident. We proposed to affirm in a calendar notice and...

State v. House - 2/24/1999
{1} Gordon House was convicted of vehicular homicide and various other charges after two hung juries in Taos County and a change of venue to Doña Ana County for the third trial. The Court of Appeals reversed his conviction, holding...

State v. Torres - 2/15/1999
{1} Defendant-Appellant Joe Jerry Torres appeals from the judgment of a bench trial finding him guilty of driving while his license was suspended or revoked, NMSA 1978, § 66-5-39 (1993), and the verdict of a jury trial finding him...

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