DWI charge follows five DWI convictions

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ALBUQUERQUE, N.M. — Police arrested a man with five DWI convictions and charged him with DWI again after pulling him over in northwest Albuquerque Wednesday night.

Police say someone called in to report 41-year-old Tomas Aguilar couldn’t stay in his lane. When an officer pulled him over, he stumbled from his car and refused to perform sobriety tests, eventually becoming belligerent.

According to a criminal complaint filed in Metropolitan Court, the 911 call reported a white truck was swerving out of its lane. The truck almost hit another vehicle near Coors and Bluewater NW.

Police say an officer pulled over the truck, driven by Aguilar, at a nearby gas station where Aguilar “opened the door and stumbled” out of the truck and tried to walk away.

According to the complaint, Aguilar smelled of alcohol, was slurring his words and wouldn’t let police read him his Miranda rights. Inside the vehicle police found a half-empty liquor bottle, “small chunks” of marijuana and a pipe.

Police say officers arrested Aguilar after he repeatedly refused to take a sobriety test and kept yelling “lawyer” at the police substation.

“(Aguilar) was very irate at this time and threatened to harm me if he saw me,” an officer wrote.

Police say Aguilar then kicked the wall of his holding cell in the Metropolitan Detention Center hard enough to cause “paint debris to fall to the ground” on the opposite side of the wall.

According to the complaint, Aguilar had five DWI convictions and had a revoked license.

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