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State v. Wright12/8/1993
Opinion
Defendant appeals her conviction for driving while under the influence of intoxicating liquor (DWI) under NMSA 1978, Section 66-8-102 (effective until January 1, 1994) (Cum.Supp.1993). She does not appeal her convictions for careless driving in violation of NMSA 1978, Section 66-8-114 (Repl.Pamp.1987), and for having an open container of alcoholic beverage in a motor vehicle under NMSA 1978, Section 66-8-138 (Cum.Supp.1993), arising out of the same incident. She argues that the trial court's admission of evidence of her refusal to take a field sobriety test violated her right to be free from self-incrimination under the Fifth Amendment of the United States Constitution and Article II, Section 15, of the New Mexico Constitution. Defendant expressly abandoned an additional issue raised in the docketing statement. We hold that Defendant's right to be free from self-incrimination was not violated and therefore affirm her conviction.
FACTS
Defendant was involved in a traffic accident when the car she was driving struck the rear of another vehicle. She stayed in her vehicle following the accident. The driver of the other vehicle approached Defendant to speak with her. He testified at trial that, when conversing with Defendant, he smelled alcohol on her breath and her speech was slurred.
Police Officer Robert Morgan testified that, when he first spoke with Defendant at the scene, he detected a strong odor of alcohol on her breath. He also stated that she was slow to respond to his questions and that her eyes were "very bloodshot." Police Officer Scott Cole testified that he also detected a strong odor of alcohol coming from Defendant. Both officers expressed the opinion that Defendant was under the influence of intoxicating liquor at the time of the accident.
Based upon the officers' observations, Defendant was asked to take a field sobriety test. Defendant stated that she would be embarrassed to take the test in front of everyone at the accident scene, and she refused to do so. She was then arrested and read her rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). After being told she was under
arrest, Defendant expressed concern for her purse located in her vehicle. When Officer Morgan reached into the vehicle to retrieve the purse, he discovered an open, half-full can of beer.
Booking Officer Sandy Morrison, who was on duty at the time Defendant was brought to the detention center, testified that, when Defendant was brought to the detention center, she smelled of alcohol, her speech was slurred, and she was unsteady on her feet. Officer Morrison also testified that, in her opinion, Defendant was under the influence of intoxicating liquor. Following Defendant's arrival at the detention center, Officer Cole asked her to take a breath-alcohol test. Defendant initially agreed to take the test and then refused.
At trial, Defendant admitted that she had been drinking just before the accident and that she had an open container of beer in her car. She testified that she had consumed only one beer before opening and drinking from the can of beer found in her vehicle. Defendant also testified that, as a result of the accident, she had broken three ribs and injured her legs so that she was not physically able to be tested, and that was why she refused to take the field sobriety test. When asked why she had not sought medical attention for her injuries at the time of the accident,
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