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.