New Mexico DWI/DUI: Penalties and Criminal Charge Defense

The first three DWI convictions in New Mexico are misdemeanors. This should not, however, lead anyone to think that New Mexico DWI/DUI laws should be thoughtlessly ignored. Although these offenses may not be felonies, the consequences for each conviction clearly displays the gravity of being an offender.

Penalties

First Offense

The first time that a person is convicted of a DUI she faces up to 90 days in jail and fine up to $500. She will be held responsible for a list of other costs including a crime lab fee of $65, alcohol screening up to $200, and a community fee of $75. The individual’s license will be revoked for up to 1 year. She will be required to engage in at least 24 hours of community service and to attend DWI school, which can cost up to $150. Furthermore, if she wants to drive again, she will need an ignition interlock device for 1 year which involves paying fees that can easily exceed $900.

Second Offense

If an individual is convicted a second time she must serve at least 96 hours in jail, but she could be sentenced to 364 days. The minimum fine that she will pay is $500, but she can be ordered to pay up to $1,000. She will be subjected to the same list of fees that applied to the first offense. This time, she may have her license revoked for 2 years. Treatment, alcohol screening, and 48 hours of community service will also be required.

Felony Conviction

The fourth time a person is convicted of a DWI she will be convicted of a 4th degree felony. This requires 6 to 18 months of incarceration, a $5000 fine plus fees, and lifetime license revocation that can be reviewed every 5 years. If the individual is allowed to drive again, she will need an ignition interlock device for life. Other consequences include alcohol screening and treatment.

Defenses

It may be possible to develop a good defense. One ground for argument is disputing test results because the test was prematurely given. In New Mexico, a person must be deprived of alcohol for at least 20 minutes before testing.

This is only one of many regulations imposed upon officers involved in DWI arrests. Knowledge of the proper procedures usually provides opportunities to spotlight mishaps that can result in a case being dismissed. For example, the testing equipment used may not have been properly maintained.

To help avoid maximum penalties, or even conviction, individuals with pending DWI charges should promptly contact a drunk driving defense attorney.