If you were arrested for a New Mexico DWI (Driving While Intoxicated), an officer believed that you were operating a motor vehicle under the influence of alcohol and/or drug(s). The law enforcement officer believed that your motor skills, mental faculties and reaction times were so impaired that you were unable to operate that motor vehicle safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving under the influence of alcohol. However, in New Mexico, you can be convicted of DWI even if you’re below.08% and it’s proven that your ability to drive was impaired to the slightest degree. Below we have outlined the most important information for you to inform yourself about New Mexico DWI.
New Mexico DWI Penalties
IMPORTANT: NEW MEXICO LAW STATES THAT YOU HAVE 10 DAYS FROM YOUR ARREST FOR YOUR ATTORNEY TO REQUEST A DRIVER’S LICENSE HEARING IN WRITING WITH THE NEW MEXICO MOTOR VEHICLE DIVISION. You or your New Mexico DWI attorney must submit a letter requesting your administrative hearing within 10 days of being arrested, or your license will be automatically suspended.
If you are convicted of a first-time New Mexico DWI, you can expect to pay fines up to $1,000 and be subjected to various other penalties (depending on the severity of the circumstances), including a maximum 90-day jail sentence, 24 hours of community service, attend a victim impact panel, and serve probation. An additional penalty the court may impose on you can include the completion of a alcohol treatment program. You should also know that if you’re found to have a BAC in excess of 0.16% or you caused bodily injury in a DWI accident – you will be charged with Aggravated DWI. The fines and penalties are increased substantially for Aggravated DWI.
If this is your 2nd New Mexico DWI and you’re found guilty, you will spend a minimum of 3 days in jail. A 2nd DWI will also be subjected higher fines, longer DUI school and probation, and a mandatory 1 year license revocation. A second aggravated DWI offense will land you in jail for 7 days!
The New Mexico MVD’s penalties for DWI can be harsh. To get your license back, you will be required to install an ignition interlock device for one year and attend New Mexico DWI school. Contact a New Mexico DWI attorney to handle the MVD hearing for you.
New Mexico DWI Lawyers
A DWI arrest is not a DWI conviction. New Mexico DWI attorneys defend DWI offenses and drunk driving cases in New Mexico. A good New Mexico DWI attorney or criminal defense attorney will be able to assist you with the two separate cases. DWI attorneys will be able to offer you DWI defense strategies. They will be able to handle both the criminal DWI charges and the case with New Mexico Motor Vehicle Division, regarding your license suspension or revocation.
Did You Get Arrested For DWI On An All-Terrain Vehicle?
Yes, you can get a DWI on an ATV the same way you can get one in a car. In 2012, the New Mexico Court of Appeals issued an opinion distinguishing whether to apply New Mexico DWI law or the Off-Highway Motor Vehicle Act (OHMVA) to DWIs on a ATV. If you’re arrested for a DWI on a ATV, you need to treat it the same as if you were driving a car. Contact an experienced New Mexico DWI attorney to help protect your rights.