ALBUQUERQUE, N.M. — Two officers, sworn to protect our community find themselves on the opposite side of the law.

On Saturday night, an Albuquerque police officer was arrested, accused of driving drunk. On Friday, a New Mexico State Police officer was arrested for the same thing. 

KOB 4 spoke to Linda Atkinson, the executive director of the DWI Resource Center and Victims Rights Project. The nonprofit analyzes data to reduce DWI death and injury in our state. When she heard the news, she was shocked to say the least.

“I was very dismayed and disappointed. You know, to think that law enforcement can drink and drive is a really scary message, I think, to the general public. There’s already plenty of people think they can,” Atkinson said.

On Saturday night, Bernalillo County sheriff’s deputies arrested Albuquerque police officer, Jonathan Franco, around 11:30 p.m. during a DWI checkpoint on Unser Boulevard and Rainbow Boulevard. Deputies say they were able to smell alcohol on his breath.

According to court documents, Franco admitted to drinking one or two beers, then said he drank three or four Modelos. The documents also allege his 6-year-old daughter was in the backseat. Franco failed field sobriety tests and gave two breath samples above the legal limit of .08 BAC.

Franco was charged with driving while intoxicated with a minor in the vehicle. But Atkinson argues, he should face a more severe charge.

“We passed a law years ago that if there’s a child in the vehicle and somebody’s driving while impaired, that’s a child abuse charge,” Atkinson continued. “I’m getting so…it just, it angers me. It’s like nobody might be above the law. But can you define the law? Do law enforcement officers know the law?”

In a statement, APD said Franco worked at the airport.

“We are disappointed that this officer made a bad choice. There are many rideshare options for people to avoid drinking and driving,” said APD Chief Harold Medina.

The arrest comes as another officer faces charges. The day before Franco was arrested, New Mexico State Police officer, Hugo Diaz-Amaya, was in handcuffs. But in that case, police say he crashed and tried to flee.

The crash happened around 3:00 p.m. Friday near Highways 528 and 550. Sandoval County deputies found Diaz-Amaya’s car with heavy damage to the front of it. Rio Rancho officers arrested him for reckless driving, leaving the scene and DWI.

Atkinson argues every one should see cases like this and demand better.

“Demand accountability from the chief of police, the mayor, the governor, Traffic Safety Bureau, and, of course, the officers that are, you know, breaking the law. But it really, there’s this whole chain of command, and it has to be dealt with, I think, in a very public way,” Atkinson said.

It’s also important to note, this is not the first time we’ve seen officers arrested for DWI. In 2024, three BCSO deputies were charged. Atkinson argues, it’s a deep-rooted issue in our state and says more resources are needed for everyone to get help, including our officers.