| New Mexico DWI/DWI laws make it illegal for any | | | | attorney on your side can help you immensely. |
| driver to operate a vehicle while under the influence of | | | | DUI Criminal Penalties in New Mexico |
| alcohol or drugs. This makes DWI a criminal offense | | | | The penalties for a DWI conviction in New Mexico |
| that can result in penalties such as jail time, educational | | | | increase with each offense you have been convicted |
| programs, fines, and the installation of an ignition | | | | of and can be very harsh depending on the |
| interlock device on your vehicle. These penalties have | | | | circumstances. For a first DWI offense, you can face |
| the potential to negatively impact your quality of life | | | | penalties of up to 90 days in jail, a $500 fine, and $200 |
| and make it difficult for you to maintain employment | | | | in court costs. Other penalties can include participating |
| and meet other life obligations. Because of the | | | | in a DWI school program, attendance at a victim |
| seriousness of a DWI offense and the severity of the | | | | impact panel, and probation. If your first offense is |
| offense, having a New Mexico DUI attorney on your | | | | considered an aggravated DWI offense, you will be |
| side is the only way you will be able to get through | | | | sentenced to a mandatory minimum of 48 hours in jail. |
| your case successfully. Since DUI law is a specialized | | | | Driving with a BAC of twice the legal limit, causing |
| area of the law, having a skilled DUI lawyer with the | | | | bodily injury or death during a DUI offense, and |
| training and experience needed to defend DUI charges | | | | chemical test refusal are all grounds for classifying an |
| can help you to beat the charges or minimize the | | | | offense as an aggravated offense. A second DWI |
| penalties imposed against you if you are convicted. | | | | offense can result in a jail term of 3 to 364 days, $250 |
| New Mexico DUI Arrests | | | | in fees, fines of $500 to $1,000, probation, community |
| You may be arrested for DUI in several cases. One is | | | | service, and a license revocation period of one year. If |
| if you exhibit suspicious driving patterns and you are | | | | your second offense is an aggravated offense, 7 |
| pulled over by a law enforcement officer. Another is if | | | | days in jail are mandatory. If you accumulate a third |
| you cause an accident and the responding officer | | | | DWI offense, you will face a mandatory 30 day jail |
| suspects that alcohol was involved. No matter the | | | | sentence and a fine of $750 to $1,000. If it was the |
| reason you were arrested, you will be facing serious | | | | third offense within a ten year period, your license will |
| penalties. Nevada is one of the states where a DWI | | | | be revoked for a period of one to ten years. If your |
| arrest will result in two separate cases against you. | | | | third offense is considered an aggravated offense, |
| One is a criminal case where you will face criminal | | | | you will be incarcerated for a mandatory minimum of |
| DWI charges and a prosecutor will try to prove that | | | | 90 days. A fourth or subsequent DWI offense within a |
| you were guilty of driving under the influence. The | | | | ten year period is considered to be a felony. The |
| second is an administrative case within the New | | | | penalties include 18 months in prison and the other |
| Mexico Motor Vehicles Division. When you are | | | | penalties imposed for a third offense. If you are |
| arrested for a DWI offense, you will be prosecuted | | | | convicted, you may lose your right to vote or bear |
| under one of two theories. The first is a traditional or | | | | arms. |
| common law theory of driving under the influence. In | | | | New Mexico Administrative License Penalties |
| this type of case, the prosecutor will try to show that | | | | There are also driver's license penalties associated |
| you were impaired as a result of consuming alcohol | | | | with a DWI offense in New Mexico. If you have |
| prior to driving. The prosecutor will try to show your | | | | refused to submit to chemical testing, your license will |
| level of impairment by introducing evidence such as | | | | be suspended for one year and you will not have the |
| your driving patterns, any accidents you caused, field | | | | opportunity to get a work permit or other restricted |
| sobriety test results, and information about your | | | | license. If you do take a chemical test and fail, the |
| appearance at the time of your arrest. You can also | | | | penalties through the Motor Vehicles Department will |
| be charged with DWI if you submit to a chemical test | | | | increase with each offense. The penalty for a first |
| that yields a result of a 0.08% or greater blood alcohol | | | | offense is a 90 day suspension of your driver's license. |
| concentration. In this type of case, the prosecutor does | | | | If you have previously had your license revoked for a |
| not introduce any information about impairment. The | | | | DWI offense, the penalties for subsequent offenses |
| prosecutor simply must prove that you were operating | | | | are increased. For a second or subsequent offense, |
| a vehicle while you had an unlawful blood alcohol | | | | the suspension period is one year. You will not have |
| concentration level. Hiring a skilled New Mexico DUI | | | | the opportunity to apply for a work permit or a |
| attorney can help you in both types of cases. An | | | | restricted license. Because not having driving privileges |
| experienced New Mexico DUI lawyer will know how | | | | can make it difficult to meet your family obligations or |
| to handle the evidence in each type of case. If you are | | | | maintain employment, it is important for you to have a |
| arrested for a DUI in New Mexico, you will have the | | | | New Mexico DUI lawyer to help you save your license |
| right to a jury trial, so having a New Mexico DUI | | | | and avoid having your reputation tarnished. |