A person generally does not have an obligation to answer questions from a police officer—other than to give the officer the person’s correct name, address, and date of birth (if requested) when a person has been lawfully detained by the police (a stop and frisk) or arrested (a custodial arrest). And a person who has been stopped by the police while operating a motor vehicle generally must show the police a valid driver’s license, proof of registration of the motor vehicle, and proof of insurance—and confirm that the information is current, if asked.

But a person who has been stopped and detained by a police officer for a traffic violation or for suspicion of DUI/DWI (driving under the influence or driving while intoxicated) is not obligated to answer police questions regarding whether the driver has had anything to drink, where the driver is coming from, where the driver is going, or where the driver is employed, for example—or any other questions. For a person to properly invoke their Constitutional right to remain silent and their Constitutional privilege against self-incrimination, a person should affirmatively say something to the effect of “I don’t want to answer any questions and would like to talk to a lawyer.”

In New Mexico, individuals are not required to answer questions from police officers, except to provide their name, address, and date of birth if lawfully detained or arrested. When stopped while driving, they must present a valid driver's license, vehicle registration, and proof of insurance. However, during a traffic stop or if suspected of DUI/DWI, there is no obligation to answer questions about alcohol consumption, personal whereabouts, or employment. To assert the right to remain silent and the privilege against self-incrimination under the Constitution, it is advisable for the person to explicitly state their desire not to answer any questions and their wish to speak to an attorney.