State v. Gurule

OPINION

WECHSLER, Judge.

{1} Defendant Bertha Gurule appeals her conviction for driving under the influence of intoxicating liquor (DWI), contrary to NMSA 1978, Section 66-8-102(A) (2005) (amended 2010), under the impaired to the slightest degree standard. We consider Defendant’s arguments that (1) DWI, contrary to Subsection (A), is not a strict liability crime; (2) even if DWI contrary to Subsection (A) is a strict liability crime, an involuntary intoxication defense is nonetheless available; and (3) there was insufficient evidence that Defendant was under the influence of over-the-counter…