What Is a Repeat Offender?
A repeat offender, or someone charged with a subsequent DWI, is any person who has previously been convicted of DWI in any county in any state in the United States. Under current New Mexico case law, the age of the conviction is irrelevant as long as the State has the proper proof of conviction.
How Is a Prior Conviction Proven?
In most cases, the State will have to produce a certified Judgement and Sentence from the prior case in order to establish a previous conviction. In some cases, if the prior is old and/or from another State, the prosecutor may not be able to establish a prior conviction.
Is It Possible to Plead a Subsequent DWI to a Lesser Charge?
It is possible in some cases to reach a plea agreement to a lesser charge of DWI. Such a resolution will depend on the particular facts of each case, and whether a defendant is actively participating in counseling or taking other steps to deal with his or her alcohol issues.
What Are the Increased Penalties for a Repeat Offender?
Increased penalties for subsequent DWI convictions include increased jail sentences, increased mandatory incarceration, mandatory ignition interlocks and mandatory counseling. You can consult our penalties page, which shows the impact of DWI convictions on both your MVD penalties and your criminal penalties.