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STATE v. CORREA

No. 31,455.

222 P.3d 1 (2009)

2009-NMSC-051

STATE of New Mexico, Plaintiff-Appellee, v. Danny CORREA, Defendant-Appellant.

Supreme Court of New Mexico.

September 29, 2009.

Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, Adrianne R. Turner, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Gary K. King, Attorney General, Andrea Sassa, Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

BOSSON, Justice.

{1} We accepted certification from the Court of Appeals to address whether the Detoxification Reform Act (DRA), NMSA 1978, §§ 43-2-1.1 to -23 (1977, as amended through 2005), prohibits criminal prosecution for breaches of the peace when the suspect's behavior amounts to the normal manifestations of intoxication. For reasons discussed more fully below, we conclude that the DRA does not preclude the State from...

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