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Contact a New Mexico DWI Lawyer if You Face DWI Penalties
24 Aug 2017

Contact a New Mexico DWI Lawyer if You Face DWI Penalties

DWI penalties are on the rise throughout the country, and if you have been charged with a DWI in the State of New Mexico, you need an experienced DWI lawyer on your side every step of the way. Since DWI accidents in New Mexico cause numerous serious injuries and fatalities each year, the State is increasing the potential penalties upon conviction – especially among repeat offenders.

A New Mexico DWI lawyer can help you formulate legal defenses to your DWI charge and may be able to help you obtain a plea deal or charge reduction with the prosecution.

Drunk Driving Accidents

DWI accidents – or accidents which are caused by a driver who was operating a motor vehicle while intoxicated – have the potential to cause very serious injuries, and in the worst cases, death.
In the State of New Mexico, a DWI accident which results in someone’s death is typically charged as a vehicular homicide, which is a third degree felony. Upon conviction, the defendant may be sentenced to up to six years in prison, along with a maximum fine of $5,000. A convicted defendant could also be sentenced to an additional four years of incarceration for each prior DWI conviction sustained within the previous 10 years.

If your license was revoked due to a DWI, but you choose to drive anyway, you could be charged with a misdemeanor punishable by 7 to 364 days in jail, along with a mandatory minimum fine of $300. You could also be sentenced to 30 days of vehicle immobilization, along with one additional year of license revocation.

In addition to New Mexico’s DWI penalties, you also need to think about incidental costs, including attorney’s fees for a DWI lawyer, court costs, and other expenses, all of which accompany a DWI charge and conviction.

First Time DWI Charges and Convictions

In the State of New Mexico, a first-time DWI charge is considered a misdemeanor, and the maximum penalty includes 90 days’ jail time and a maximum fine of $500. A first-time aggravated DWI conviction carries with it an additional mandatory 48 hours of jail time.

A first-time DWI will also result in a one-year mandatory license revocation and required installation of an ignition interlock device in your vehicle. This device requires you to blow into it in order to start your car. If the device detects an unacceptable level of alcohol on your breath, the vehicle will not start.

First-time DWI offenders are also be required to do the following:

  • Undergo mandatory alcohol screenings
  • Attend and successfully complete DWI school
  • Successfully complete a minimum of 24 hours of community service
  • Obtain treatment and/or complete probation upon court order

Second and Third DWI Offenses

Second and third DWI offenses are also considered misdemeanors under New Mexico law. The potential DWI penalties, however, increase significantly. Specifically, a second DWI conviction carries with it a mandatory minimum of 96 hours and a maximum of 364 days in jail. A second-offense aggravated DWI conviction carries with it an additional mandatory 96 hours of incarceration. The mandatory fines may range from $500 to $1,000, along with a two year-license revocation, 48 hours of required community service, and required installation of an ignition interlock device on your vehicle for 2 years.

A third DWI conviction in New Mexico results in a mandatory 30 days in jail, along with fines ranging from $750 to $1,000. A third-offense aggravated DWI carries with it a mandatory minimum of 60 additional days in jail – all of which must be served consecutively. The court may also order a three-year license revocation, 96 hours of community service, alcohol screening and treatment, and installation of an ignition interlock device on your vehicle.

Felony DWI Convictions

Fourth DWI convictions and all subsequent DWI convictions are treated as felonies in the State of New Mexico. Each subsequent offense will result in increased fines and penalties upon conviction — including possible incarceration and a lifetime driver’s license revocation.

All Convictions carry with them requirements to only drive vehicles equipped with an interlock device to detect alcohol in the driver’s system, and to obtain an interlock driver’s license to do so. The driver must have no violations of the interlock restrictions for a period of at least a year before it may be removed, and for longer periods for second, third and greater convictions. Restoration of an unrestricted driver’s license may only be granted after further delay.

Driver’s License consequences are built into the DWI law, and into the Implied Consent law. The suspension or revocation of a driver’s license begins at the time of arrest, and a hearing is allowed to determine whether the suspension will continue or be rescinded.

Contact an Albuquerque, New Mexico DWI Lawyer Today to Discuss Your Case and the Potential DWI penalties as well as the Motor Vehicle Department procedures

DWI convictions can result in extremely serious penalties. Consequently, if you have been charged with a DWI offense in the State of New Mexico, you need experienced legal representation on your side at every stage of the proceedings.

The knowledgeable DWI attorneys at Twohig Law Firm are prepared to represent you throughout your DWI case. Our attorneys can defend the charges against you by developing and implementing strategies designed to obtain a favorable result. And, they can also explain the potential DWI penalties to you and may be able to help you obtain a charge reduction or penalty reduction through plea negotiation. You can contact the DWI lawyers at Twohig Law Firm by calling (505) 898-0400, for a free initial consultation.


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