You face criminal proceedings if you get a marijuana DWI in New Mexico regardless of recently passed laws. The state treats them the same as alcohol DWIs. However, the burden of proof standards is different when it comes to marijuana. A DWI attorney will help you defend your case.
In this post, I share what you should know about getting a New Mexico marijuana DWI by answering the following questions:
- What Is “Burden of Proof” in a Marijuana DWI?
- How Do Police Prove Marijuana DWIs?
- Can You Get a Marijuana DWI in New Mexico Even If You Aren’t High?
- How Do You Defend a Marijuana DWI?
Let’s get started by discussing the burden of proof in a marijuana DWI.
What Is the “Burden of Proof” in a Marijuana DWI?
The primary standard for any DWI conviction in New Mexico is when the defendant was proven “impaired to the slightest degree.” The vagaries of this standard are hard to apply to marijuana DWIs theoretically. However, jury instructions can clarify what this means.
The burden of proof in a New Mexico marijuana DWI is as follows:
“The state must prove to your satisfaction beyond a reasonable doubt… the defendant was under the influence of drugs to such a degree that the defendant was incapable of safely driving a vehicle.”
There are also statutory differences to consider as well. For example, under NMSA § 66-8-102, the law is a bit more direct:
“It is unlawful for a person who is under the influence of any drug to the degree that renders the person incapable of safely driving a vehicle to drive a vehicle within this state.”
Even with more straightforward language, it is still immediately unclear to inquiring defendants regarding how prosecutors will prove that the defendant was driving high.
How Do Police Prove Marijuana DWIs?
The investigation into a driver’s impairment begins the moment that police observe the driver. For example, police officers may look for potential indicators of impairment and/or traffic violations, such as swerving between lanes, speeding, and running red lights. After observing a traffic violation, the officer pulls the driver over and watches how the driver responds to the officer’s lights and sirens.
Personal Contact
During contact with the driver, law enforcement may form an opinion that the driver is impaired. They sometimes form these opinions based on the physical presence of marijuana, odors, and driver statements. Essentially, what the officer sees, smells, and hears. Simultaneously, the officer will ask divided attention questions and monitor how the driver gets out of his or vehicle.
Pre-Arrest Screening
As part of the investigation, law enforcement will administer the National Highway Traffic Safety Administration Standardized Field Sobriety Tests. The tests must be administered in a standardized manner in order to be valid indicators of impairment evidence of alcohol impairment.
A 2017 National Highway Traffic Study Administration report to Congress indicated that THC was not always equated to the impairment of the driver. In addition, the study stated that there is “no evidence-based methods to detect marijuana-impaired driving.”
Drug Recognition Experts
Suppose the officer suspects that you are under the influence of marijuana. In that case, they may request the assistance of a Drug Recognition Expert (DRE) officer to handle the investigation. A DRE officer has specialized training in recognizing the signs. Their investigation may be used as evidence against you.
Chemical Testing
It is challenging for New Mexico police officers to obtain a biological sample to determine how much marijuana they have in their system. It is illegal for them to demand a blood test in a misdemeanor case. This situation contrasts with alcohol, where you are legally required to provide a breath sample based on New Mexico’s Implied Consent Act.
Can You Get a Marijuana DWI in New Mexico Even If You Aren’t High?
The most significant issue with marijuana is that it may remain in your system for days or several weeks. As such, you can test positive for marijuana, even if you have not consumed it in a while. (A blood sample may show both active and inactive metabolites which may be used as evidence of potential impairment.) When you couple this knowledge with police suspicion, it is possible to be charged with a marijuana DWI even if you are not actually high.
Still, the burden of proof rests squarely on the prosecutor’s shoulders. They must prove that you were driving while impaired by marijuana. Hiring a DWI attorney will fight the evidence presented.
How Do You Defend a Marijuana DWI?
You defend a marijuana DWI by mounting a defensive strategy. It most cases it is more challenging for the prosecution to prove a marijuana DWI. However, it is still possible that they can prove their case beyond a reasonable doubt, which could result in your marijuana DWI conviction.
If you were arrested, a DWI attorney in New Mexico would help. Not only can we provide you with a defensive strategy, but we will also investigate your case to determine other facts and circumstances that played a role. You can have reassurance in knowing that someone is standing by your side throughout the process.
Free Case Strategy Session
Do not accept responsibility for a crime you did not commit. A Free Case Strategy Session can help you get the answers you need. Call Grano Law Offices, P.C. for a Free Case Strategy Session at 505-426-8711 or send me a message through the contact form below. We will get you the answers you want and deserve at no cost to you or your loved ones.
