Albuquerque DWI Attorney Explains Driving While Intoxicated
Like other states, New Mexico has stringent laws against driving while intoxicated (DWI). Commonly, DWI is considered to be when a person who consumed alcohol then drives while impaired, which accounts for about 40% of motor vehicle accidents resulting in death. However, alcohol is not the only way a person’s ability to drive is impaired. If you have been charged with DWI, it is in your best interests to contact an Albuquerque DWI attorney from Twohig Law.
The most obvious driving impairment is alcohol. It is illegal to drive with a breath or blood alcohol concentration of 0.8 or more if 21 years old or over, 0.2 if under 21, or 0.4 if driving a commercial vehicle.
Other drugs, both illegal and legal, may also impair a person’s driving ability and may result in a DWI. An Albuquerque DWI attorney has seen people arrested for DWI because the person was under the influence of an over-the-counter or prescription drug for headaches, colds, hay fever, allergies, etc. Other prescription drugs may cause impairments similar to alcohol.
Penalties for DWI are severe and not only include fines and/or imprisonment, but also license revocation (six months to a year), requirement to obtain an interlock license and have an interlock device (breath testing device) installed for every vehicle driven by an offender from one year to life, community service, alcohol screening, DWI school, treatment, etc. A DWI conviction remains on your record for 55 years.
All DWI first offenders in Albuquerque Metro Court are now sentenced to supervised probation, except for aggravated DWI, which receives up to 48 hours incarceration.
First to third DWI offenses are considered misdemeanors. Four or more are considered felonies.
Refusal to submit to a breath or blood test may also result in revocation of your license for one year.
Revocation of license will occur 20 days after an arrest. A person has 10 days after the arrest to make a written request for a hearing.
There are several defenses to a DWI. An Albuquerque DWI attorney may argue, for example, that the Breathalyzer’s certification expired, the prescription drug did not warn against driving, or lack of other evidence.
Find an Albuquerque DWI Attorney For Your Case
For more information, contact an Albuquerque DWI attorney with the Twohig Law Firm at (505) 898-0400.