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New Mexico Attorney Cynthia Payne

What To Do First In a DWI

Where to Start With a DWI

It is important to understand that an arrest for DWI triggers two separate cases; the first case is with the New Mexico Motor Vehicle Department, and the second is your criminal case. Because of this, there are some important things that you must do to preserve your rights in both your Motor Vehicle Department case and your criminal case. Within 10 days of your arrest, you must submit a written request for an administrative hearing regarding the revocation of your driver’s license with MVD. Your failure to do so will result in the automatic revocation of your driver’s license 20 days after your arrest and you will then have to install an ignition interlock in your vehicle and obtain an ignition interlock driver’s license. There are also important deadlines regarding your criminal case, such as a 10-day deadline to excuse your assigned Judge, and a 10-day deadline to request a jury trial in some cases. It is therefore of utmost importance to immediately contact legal counsel, and file a request for an administrative hearing with New Mexico’s Motor Vehicle Department.

Penalties for New Mexico DWI Convictions

Being convicted for violating New Mexico DWI laws can have a drastic impact on a person’s life. The conviction will be listed on the person’s criminal record and driving record. The person’s blood-alcohol limit, whether someone was injured during the incident, and prior convictions are all factors during sentencing.

  • Up to 90 days in jail, a $300 fine, and at least 24 hours of community service for a first misdemeanor DWI offense
  • Up to 364 days in jail, a $500 fine, a minimum of 4 days in jail, and at least 48 hours of community service for a second misdemeanor DWI offense
  • Up to 364 days in jail, a $750 fine, a minimum of 30 days in jail, and at least 96 hours of community service for a third misdemeanor DWI offense
  • Up to 18 months in prison, a $5,000 fine, and a minimum of six months in jail for a fourth offense DWI, which is a fourth-degree felony
  • Up to 2 years in prison, a $5,000 fine, and a minimum of 1 year in prison, for a fifth offense DWI, which is a fourth-degree felony
  • Up to 30 months in prison, a $5,000 fine, and a minimum of 18 months in prison, for a sixth offense DWI, which is a third-degree felony
  • Up to 3 years in prison, a $5,000 fine, and a minimum of 2 years in prison, for a seventh or subsequent DWI, which is a third-degree felony

Work With an Experienced New Mexico DWI Lawyer

Before you hire a lawyer, you should ask how many cases the lawyer has handled involving your specific type of charges and how often that lawyer has actually gone to trial. If you do not get a satisfactory answer, you should keep looking.

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Attorney Cynthia Payne

New Mexico DWI Defense Attorney Cynthia Payne

Albuquerque's Most Successful DWI Lawyer

If you are charged with a DWI, you often face penalties that can last a long time and impact your freedom, your job, and your future if you don’t have an excellent DWI criminal defense attorney working for you. 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.
Albuquerque

Need Legal Assistance From a New Mexico DWI Attorney?

Call New Mexico Legal Group at 505.843.7303 or get started with a free case evaluation.

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Frequently Asked Questions

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

Request to speak with an attorney before making a statement to the police. Any statements given to the police can be used against you in a court of law. Having legal representation is a right. Information given to the police without the advice of an attorney may be harmful to the outcome of the case.