DWI Convictions in NM May Be Harder to Get
Posted on Jun 13, 2010
It might be harder for New Mexico prosecutors to win certain DWI cases after a ruling from the State Supreme Court this week. Previously, an intoxicated person found in a vehicle (even a parked one with the engine off) could be charged (and convicted) of DWI, simply because he or she had the potential to operate the vehicle, and might have done so. The ruling changes this so that prosecutors must prove the intoxicated person had the intent to drive and had actual control of the vehicle.