Asked in DUI / DWI for New Mexico

Q: Can someone else blowing over the legal limit in your interlock without your knowledge send you to jail

I am on probation and my boyfriend on 2 different occasions knowingly blew in my interlock after drinking.. Can I go to jail if he admits to do it and not myself in court..

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1 Lawyer Answer
Stephen Aarons
Stephen Aarons
  • DUI & DWI Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: Yes you could go to jail if the judge does not believe your boyfriend's testimony. If the judge thinks you were the one drinking, and your boyfriend is trying to cover for you, the judge can find that you violated the terms of probation and sentence you to incarceration for the balance of your suspended term.

Let's hope the judge believe's your boyfriend's testimony.

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