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Albuquerque Aggravated DWI Defense Attorney

Albuquerque Aggravated DWI Lawyer

We have successfully handled over a 1,000 DWI cases throughout the state of New Mexico. We carefully review each case and craft a strong legal defense.

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New Mexico DWI

A charge of DWI will be enhanced to an aggravated DWI under the following circumstances:

  1. You refused to submit to a breath or blood test after being requested to do so by a law enforcement officer.
  2. You submitted to a breath or blood test and the results were higher than a .16.
  3. You were involved in a DWI accident involving serious physical injuries.

The effect of an aggravated DWI charge is that it enhances the potential penalty that the court may impose after a conviction or plea. Typically it involves a period of mandatory incarceration. For example, while a straight DWI first offense carries no mandatory jail time, a first offense aggravated charge carries a mandatory 48 hours incarceration.

An aggravated DWI based upon a refusal will also increase your period of license revocation in an MVD proceeding from 6 months to one year. At this time, an aggravated charged based upon breath score or injuries does not increase your period of revocation in the MVD proceedings.

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Attorney Cynthia Payne

New Mexico DWI Defense Attorney Cynthia Payne

Albuquerque's Most Successful DWI Lawyer

New Mexico residents often face penalties that can last a long time when they don’t have an excellent DWI defense attorney working for them. We aggressively defend our clients and know how to navigate the criminal justice system in a manner that best benefits our clients’ interests. If you are in need of an attorney, we will use our 30 years of experience successfully defending DWI cases to help you.
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Albuquerque

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Frequently Asked Questions

What Should I Do if I Get Arrested for a DWI?

You should immediately ask for an attorney and avoid giving any statements to law enforcement. What you say can be used against you in court. Consulting with a lawyer before speaking ensures your rights are protected and helps prevent statements that could damage your case.

What Happens After I Get Arrested?

A DWI arrest triggers both a criminal case and an administrative process with the New Mexico Motor Vehicle Division (MVD). If you plead not guilty, your attorney will begin building a defense, which may include reviewing evidence, negotiating with the prosecutor, or going to trial. To challenge losing your license, you’ll also need to request an MVD hearing quickly.

What Are the New Mexico Blood Alcohol Limits?

In New Mexico, adult drivers are legally intoxicated at a blood alcohol concentration (BAC) of .08% or higher. Commercial drivers are held to a stricter standard of .04%. For anyone under 21, a BAC of just .02% is enough for a DWI charge due to the state’s zero-tolerance policy.

What Are the Penalties for a DWI Conviction?

DWI consequences can include fines, jail time, license suspension, alcohol screening, and community service. Most convicted drivers will also have to install an ignition interlock device in their vehicle. The exact penalties depend on whether this is your first offense and the circumstances of your arrest.

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