An off-duty Albuquerque police officer pulled up to a Bernalillo County DWI checkpoint on a Saturday night. He told the deputy he'd had a couple of beers, then blew .08 — twice. Fourteen months later a judge threw the whole case out, ruling the routine checkpoint unconstitutional. 🎥 In today's copyrighted documentary, we report on an incident that occurred in Albuquerque, New Mexico. Bernalillo County Sheriff's Office deputies were running a DWI sobriety checkpoint near Unser and Rainbow on Albuquerque's west side. According to a criminal complaint filed in Metropolitan Court, a gray Ford pickup approached the cones late that night. Behind the wheel was 38-year-old Jonathan Franco, an off-duty Albuquerque Police Department officer. The deputy who made contact reported the odor of alcohol and noted Franco had bloodshot, watery eyes. On the body-worn camera, Franco tells the deputy he had been drinking about thirty minutes earlier — "a couple beers, sir." The complaint states he later acknowledged three or four. Franco was walked through the walk-and-turn and one-leg-stand tests. Deputies let him arrange for a family member to pick up his passenger rather than involve social services. He was then placed under arrest and agreed to a breath test. He provided two samples at or above .08. Franco was charged with DWI and DWI with a non-adult in the vehicle, both misdemeanors, and released on his own recognizance. He was fired from the Albuquerque Police Department in December 2025. In July 2026, before his bench trial could begin, his defense attorney challenged the legality of the checkpoint itself, arguing the state could not show the location was properly selected or that a supervisor was overseeing the operation. Prosecutors argued the checkpoint was run lawfully. The judge ruled it violated Franco's constitutional rights; the state then moved to dismiss, and the judge granted that motion. Franco was not convicted of any crime in this case. The ruling calls into question all DWIs stemming from the checkpoint and could lead to more legal challenges of checkpoints in New Mexico. ⏱️ TIMESTAMPS: 00:00 Checkpoint Night Begins 00:45 Initial Stop Questions 01:14 Passenger Twist 01:27 Field Sobriety Tests 04:30 Family Pickup Negotiation 05:27 Arrest and Implied Consent 06:37 Breath Test Results 07:26 Charges and Job Fallout 07:36 Judge Dismisses Case 07:58 Wider Impact and Wrap Up 📺 MORE LIKE THIS — watch the latest Breaking Bodycams documentaries: 👉 https://www.youtube.com/playlist?list=PL89-g15XsVc0WxE8UISQXCrCctoEPo46v 📌 ABOUT BREAKING BODYCAMS Breaking Bodycams covers law enforcement encounters across the country, with a heavy focus on the Southwest and New Mexico. We publish documentary news reports from footage obtained through public records requests, independent research using open sources, and present it with context and case outcomes when available. Our journalistic documentaries are intended to educate the public and are presented in the public interest. 🔔 SUBSCRIBE: https://www.youtube.com/@breakingbodycams Breaking Bodycams does not intend to defame, harass, embarrass, mock, or incite violence against any individual depicted. Content is presented for educational, informational, and journalistic purposes. Statements of case outcomes are based on public court records; all other referenced allegations remain allegations, and individuals are presumed innocent of any charge not resolved in court. Breaking Bodycams is not affiliated with, endorsed by, or representing any law enforcement agency. © 2026 Breaking Bodycams. Editorial content, voiceover, graphics, and compilation are protected by copyright. Source materials obtained through public records remain in the public domain. #NewMexicoBodycam #BCSObodycam #DWICheckpoint #Albuquerque #DWI #OffDutyCop #RealPoliceStories #BodycamFootage #505

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