Federal investigation forces dismissal of DWI charge against repeat offender

Federal investigation forces dismissal of DWI charge against repeat offender

Caleb McVey has been charged with driving under the influence six times -- four of those happened just this year.

ALBUQUERQUE, N.M. — Caleb McVey has been charged with driving under the influence six times — four of those happened just this year.

The most recent arrest happened Saturday. According to a criminal complaint, McVey was asleep in his car in the middle of the drive-thru lane at the Whataburger on 98th Street.

Responding officers woke him up and started giving him standardized field sobriety tests. An APD officer said they couldn’t complete the third test because McVey kept losing his balance and looked like he would fall.

On Jan. 27, officers found McVey after getting calls that someone was driving the wrong way in traffic. He was arrested for driving while his license was revoked.

In a criminal complaint, an officer said because of the results of the breath test, they called in a drug recognition expert. That person said they believed McVey was under the influence of a central nervous system depressant.

They also performed a blood test. Pending those results, APD plans to summon him for another DWI charge.

On Jan. 13, McVey was found on University Boulevard. Responding officers said his speech was slurred and he had slow responses. While searching him, officers found cocaine and 15 small bottles of tequila in the trunk of his car.

On Jan. 6, McVey was found slumped over in his car on Osuna. Officers on scene believed he was under the influence of a “dissociative anesthetic” and marijuana. They also found a bag of cocaine.

Honorio Alba Jr. was one of the APD officers responding that afternoon — he’s one of the APD officers who has been placed on leave as a federal investigation into the DWI unit unfolds. Alba Jr. and the other officers involved are not facing charges at this time.

Just 12 days after that arrest, the federal investigation centered on APD DWI officers came to light, starting with the federal raid of an APD officer’s home in Los Lunas.

The day after that raid, a dismissal for McVey’s charges was filed. This case is one of about 200 cases that the district attorney’s office had to dismiss because the officers involved are part of the federal investigation.

The DWI charges against McVey that happened before this year were in 2021 and 2016. The case in 2016 was also dismissed because an officer failed to appear in court. It is not known if that officer is involved in any of the ongoing investigations.