Man faces drunk driving charges after fatal accident in Albuquerque

In court on Wednesday, a judge ruled that 20-year-old Miguel Chavez must remain behind bars after his involvement in a fatal car crash Tuesday afternoon. “Let's turn this case over to district court. Defense, you need to make contact with Mr. Miguel Chavez, who did not appear today. He is in custody,” Judge Safier said. KOAT legal expert John Day said these types of drunk driving cases have become more common since marijuana was legalized in New Mexico. “A lot of people assume it's legal, so I can drive with marijuana in my blood, but that's just not the case,” Day said. According to the criminal complaint, Chavez was speeding on Paseo Del Norte when he exited at Second Street. Investigators said he then ran a red light, went the wrong way onto another ramp, hitting a traffic light pole and two other cars. Officials said Chavez admitted to smoking marijuana that morning but claimed he fell asleep at the wheel before crashing. John Day said this will be treated like any other drunk driving case. “For example, if you're charged with intoxicated manslaughter, the same thing applies with marijuana. The prosecution would have to prove the driver was impaired by something, whether it was alcohol or marijuana, and then that would be a second-degree felony if convicted.” A field sobriety test conducted at the scene showed signs of THC in Chavez's system, but Day said it's harder to prove someone was driving under the influence of marijuana, even if the THC test comes back positive. “Right now, the only way to prove that is either a blood draw or circumstantial evidence,” Day said. “In other words, can law enforcement and prosecutors prove that a driver, you know, consumed cannabis and somehow prove that that caused the impairment?” Deputies said the passenger, Ernesto Arreola, died at the scene. He was Chavez's co-worker.