DWI charges can be incurred in several ways. The first is by driving with a blood alcohol content level (BAC) of .08 percent or higher. This is the standard DWI rule for motorist over 21. There are separate laws for minors (persons under the age of 21) and for commercial vehicle drivers. For minors, the minimum BAC level needed in order to get charged with DWI is .02 percent and for commercial vehicle operators, the minimum BAC level is .04 percent.
Motorists can also be charged with DWI in New Mexico if they appear intoxicated. For example, if a motorist is caught driving erratically, has failed a field sobriety test or exhibits any other physical signs of impairment, they may be charged with driving while intoxicated and arrested, even if the BAC level was not measured. DWI charges also extend to drug use. Any motorist under the influence of controlled substances, such as marijuana or cocaine, is also charged with DWI in New Mexico.
New Mexico takes DWI cases very seriously. The state has a program known as Operation DWI. The program entails officers setting up roughly 75-100 DWI checkpoints throughout the state about 6 times a year for a two-week period.
Anyone caught driving while intoxicated in New Mexico should seek legal help right away to avoid the lifetime consequences of a DWI conviction.
New Mexico’s Implied Consent Law
In the state of New Mexico, the implied consent law requires all drivers to submit to a chemical test of their blood, urine or breath to determine intoxication. Any motorist that refuses to take the test will be charged with aggravated DWI and will have their driver’s license suspended for 1 year.
Ignition Interlock Device
In New Mexico, all motorists convicted of DWI are required to install an interlock ignition device on their vehicles – even first time offenders. The ignition interlock is a type of breath test that requires the motorist to give a sober breath sample before the vehicle can start.
Aggravated DWI
An aggravated DWI charge in New Mexico is much more serious than a standard DWI. Aggravated charges are incurred if the intoxicated motorist caused bodily harm or death to another while operating a motor vehicle. All aggravated DWI charges lead an offender to spend more time in jail and pay greater fines and fees. Other ways a motorist may incur an aggravated DWI are as follows:
• Driver has a BAC level of .16 percent or higher
• Driver refuses to submit to a chemical test of their blood, urine or breath as required by New Mexico’s implied consent law
Punishments for DWI in New Mexico
The following are the possible penalties that DWI offenders may face if convicted in New Mexico:
1st DWI Offense
• Imprisonment up to 90 days (minimum 48 hours if aggravated DWI)
• Fine of $500
• Court costs of $200
• Driver’s license suspended up to 1 year
• Ignition interlock device required for 1 year
• Enrollment in DWI school (first offender program)
• alcohol evaluation/treatment possible
• community service
2nd DWI Offense
• Imprisonment from 96 hours to 364 days (minimum 7 days if aggravated DWI)
• Fine from $500 to $1,000
• Driver’s license suspended 2 years
• Ignition interlock device required for 2 years
• Alcohol evaluation/treatment possible
• Community service
• Up to 5 years probation
3rd DWI Offense
• Imprisonment from 30 days to 364 days (minimum 90 days if aggravated DWI)
• Fine from $750 to $1,000
• Driver’s license suspended 3 years
• Ignition interlock device required for 3 years
• Alcohol evaluation/treatment possible
• Community service
• Up to 5 years probation
4th DWI Offense
• Felony
• Imprisonment from 6 months to 18 months
• Fine up to $5,000
• Lifetime suspension of driver’s license (5 year review)
• Lifetime requirement of ignition interlock (5 year review)
• Alcohol evaluation/treatment
5th DWI Offense
• Felony
• Imprisonment from 1 to 2 years
• Fine up to $5,000
• Lifetime suspension of driver’s license (5 year review)
• Lifetime requirement of ignition interlock (5 year review)
• Alcohol evaluation/treatment
Under 21 DWI Penalties
If a motorist is under the age of 21 and has been convicted of DWI in New Mexico, they are subject to be penalized. Minors caught drinking and driving with a BAC level of .02 percent or higher will lose their driver’s license for 6 months.
Getting Help from New Mexico DWI Lawyers
Get help for your DWI charge right away with a top New Mexico DWI lawyer. In New Mexico, if you are a repeat offender on your 4th charge or subsequent, you are charged with a felony offense. A felony can completely ruin your life. It can affect your job, finances, citizenship rights like voting and even your right to bear arms, among other civil rights. Work with a skilled DWI attorney in New Mexico right away to avoid being penalized severely for your offense.
New Mexico DWI attorneys understand that sometimes motorists are unfairly charged with driving while intoxicated. When you work with a trained paralegal, they will uncover any evidence in your favor to prove your innocence so that your charges will either be significantly reduced or wiped away altogether. You can trust your DWI lawyer in New Mexico to ensure the best possible outcome for your case.
Call the offices of a leading New Mexico DWI attorney today to get started on your case.
