New Mexico DWI LAW
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New Mexico DWI video transcription
In New Mexico a first offense for DWI is punishable with up to 90 days in jail, up to $500 fine, or both and about $200 in court costs. You also could be ordered to attend a first offender program also called DWI school, and alcohol screening with counseling, community service and to attend the victim impact panel and serve probation resulting in fees of about $150. If you’re arrested in New Mexico you should contact an attorney right away to protect your rights.
New Mexico DWI / DUI arrests trigger two separate cases: a criminal court case, and a Motor Vehicles Division case. New Mexico drunk driving criminal court cases can result in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more. New Mexico drunk driving Motor Vehicles Division cases can result in driver’s license suspensions from 90 days to one year or more.
Take Note: It is CRITICAL that you contact a New Mexico DWI defense lawyer IMMEDIATELY if you have been arrested for New Mexico drunk driving, DWI, driving under the influence, or any related New Mexico drinking and driving case. If you fail to request a MVD Hearing on a timely basis, your license may be automatically suspended.
Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a New Mexico DUI LAWS lawyer near you for a free consultation by calling 1.800.DWI.LAWS.
New Mexico DWI / DUI cases can be prosecuted on one of two theories: either violation of New Mexico’s per se law by driving with a blood or breath alcohol content of .08% or higher, or by driving while impaired. Impairment, for purposes of New Mexico drunk driving (DWI) laws, can be proved by driving patterns, field sobriety test performance, and chemical test results. A skilled DWI defense lawyer will know how to deal with each type of evidence in a New Mexico drunk driving case. Thankfully, someone accused of drunk driving (charged with DWI) in New Mexico has the right to a trial to defend himself in a court of law.
Located in Albuquerque? Learn about how your body absorbs alcohol so you can avoid an Albuquerque DUI. Also, find out how to prepare for meeting with an Albuquerque DUI attorney and ways to keep your Albuquerque DUI private.
New Mexico drunk drivers have been targeted through a program called Operation DWI. In the past, Operation DWI activities, which were conducted 6 times each year, consisted of 75 to 100 sobriety checkpoints during a two-week period. Each two-week period was accompanied by an extensive pre- and post-blitz public information campaign, including radio and television spots, public service announcements, and direct mailings. In addition, District Highway Engineers, in cooperation with the NM TSB, posted 250 roadside signs announcing the sobriety checkpoints. After each checkpoint was completed, NM TSB disseminated information on the impact of the high-visibility operations. Each of the saturation patrol activities has historically lasted about 10 days.
Penalties for DWI in New Mexico
- A first offense for DWI is punishable with up to 90 days in jail, up to a $500 fine, or both, and about $200 in court costs. You also may be ordered to attend a first offender program, also called DWI School, and alcohol screening with counseling; do community service; attend the victim impact panel; and serve probation resulting in fees of about $150. If this first drunk driving offense is an aggravated DWI, a minimum of 48 hours in jail is mandatory in addition to the other penalties. Aggravated DWI includes driving with an alcohol level of .16% or greater, causing bodily injury while DWI, or refusing to submit to a chemical test while DWI.
- A second DWI offense is punishable by three to 364 days in jail and a mandatory fine of $500 to $1000. It also requires about $250 in fees, probation, community service and a one-year license revocation. And aggravated second DWI offense requires at least seven days in jail.
- A third DWI offense is punishable by a mandatory 30 days in jail, and a fine of $750 to $1000 on top of the other penalties. Your license will be revoked for one to ten years if it's your third drunk driving or DWI conviction or more within 10 years. An aggravated DWI third offense entails a 90-day mandatory jail sentence.
- A fourth DWI offense or more within 10 years are felonies, with punishment of eighteen months in prison. In a felony conviction, you may also lose your citizenship rights such as voting, bearing arms and other civil rights, for at least a period of time.
New Mexico's Administrative License Suspension Laws
The New Mexico Motor Vehicle Division has control over the Administrative Suspension case following a New Mexico DWI arrest.
Please note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance. 1800DUILAWS.com is not liable for any misinformation that users obtain from using this site