Past criminal convictions affect recently filed New Mexico DUI/DWI charges in several ways. A prior DUI conviction can increase potential penalties if convicted. In contrast, a prior non-DUI conviction is an element the judge will consider when assessing your criminal background and history, but it will not “upgrade” your charges.
The exception to this rule applies to sealed records and expungements; however, it is also important to understand that a DUI conviction is not eligible for expungement in New Mexico. As such, this circumstance would only apply to past non-DUI/DWI expungements
You could also face an increase in the level of DUI/DWI offense for out-of-state convictions. For example, a DWI first offense could be elevated to a DWI 2nd or subsequent DWI offense based on prior out-of-state DWI convictions. If you are facing any criminal charge, get legal advice immediately from an attorney. They will help you understand your legal options and rights as you navigate the criminal justice system.
In This Article
Our criminal and DUI/DWI attorney, Marc A. Grano, discusses three common scenarios in which past criminal convictions might impact your new DUI/DWI charges, including criminal convictions, out-of-state charges, and drunk driving allegations. He also shares what your criminal defense lawyer will do to help you beat your charges. Grano Law Offices, P.C. wrote this post to provide general legal information about their situation as they fight for their freedom and rights.
Table of Contents
How Past Criminal Convictions Impact Your New DUI/DWI Charges
You have every right to be concerned when facing new DUI/DWI charges in New Mexico. They do impact multiple legal situations, making it essential to understand how they might apply to your circumstances in general. Here are three common scenarios to consider when facing a DUI/DWI charge with prior criminal convictions:
Scenario 1. Past DUI/DWI Charges
Any additional arrest after a first or higher DUI charge will result in the classification of a subsequent count against you. For example, if you have two DUI/DWI convictions in New Mexico, the most recent conviction will be treated by the judge as your third, and so on. Penalties increase sharply with each additional conviction, so it is critical to give yourself every fighting chance to win by hiring experienced and knowledgeable legal counsel that defends these types of cases, such as Grano Law Offices, P.C. There may be an opportunity to attack the validity of an alleged prior DWI conviction through defense investigation and potential collateral attacks.
Scenario 2. Past Out-of-State DUI/DWI Charges
New Mexico courts will count past, out-of-state DUI/DWI convictions toward your local or state charges count. This aspect of a prosecution usually takes people by surprise. For example, if you were convicted of a first-time DUI/DWI in Arizona, you will face the penalties associated with a second charge in New Mexico. Once again, there may be an opportunity to attack the validity of an alleged prior DWI conviction through defense investigation and potential collateral attacks.
The table below illustrates the difference between a first-time New Mexico DUI/DWI conviction and one when you have a past conviction from out of state. In general, it compares and contrasts both outcomes for a conviction in Scenarios 1 and 2.
Table 1. First-Time vs. Second-Time DUI Penalties: What’s the Difference?
| Penalty Type | First DUI Conviction | Second-DUI Conviction |
| Incarceration? | Up to 90 days in jail | Between 4 and 364 days in jail |
| Fines? | Up to $500 | Between $550 and $1,000 |
| Ignition Interlock Device Installation? | Yes | Yes |
| License Revocation? | Yes | Yes |
| Community Service? | 24 hours | At least 48 hours |
| Substance Abuse Treatment Program? | No | Yes |
| Criminal Record? | Lasting 55 years | Lasting 55 years |
Source: New Mexico One Source, NMSA § 66-8-102; Driving under the influence of intoxicating liquor or drugs; aggravated driving under the influence of intoxicating liquor or drugs; penalties.
Scenario 3. Past Non-DUI/DWI Charges
A prior criminal conviction will not automatically increase your DUI penalties, nor will it increase the number of DUI offenses. For instance, if you were convicted of aggravated assault in the past, you will not receive a “second DUI/DWI” on your first drunk driving offense in New Mexico. However, it could affect how severely the judge punishes your case when considering your history within the criminal justice system.
What Your Criminal Defense Attorney Will Do For You
Your criminal defense lawyer will utilize every resource, tool, and argument available under state and federal law to obtain a favorable outcome. Our legal team operates on the premise that prosecutors must prove their allegations against you; otherwise, you should walk away free. However, it is worth noting that the law does not allow us to reopen past cases for a retrial as a strategy, so it is critical to obtain one that focuses on the elements that we can control.
A criminal defense attorney, like Marc A. Grano, will help you handle your case in a few ways:
- Pick apart police methodologies, such as their application of standardized field sobriety testing (SFST) and Drug Recognition Expert (DRE) protocols
- Challenge prosecutorial arguments and motions based on flawed police testing procedures.
- Attack the validity of an alleged prior DWI conviction through defense investigation and potential collateral attacks.
- Argue for favorable outcomes based on science and expert testimony that get your charges dropped, reduced, or handled through a plea deal.
- Offer you and your loved ones ongoing counsel and timely updates so that you have as much relevant information as you need.
- Navigate the legal issues surrounding non-conviction and post-conviction scenarios for minimal impact on your personal and professional life.
- Fight to regain your driving privileges through a Motor Vehicle Department (MVD) license revocation hearing (Note: You have ONLY 10 DAYS to request this hearing after your arrest!).
Ultimately, what your criminal defense attorney will do for your case depends upon the specific facts and circumstances. However, you can close the mystery gap by getting personalized legal advice about your charges to help you understand what to expect. Doing so ensures that you have the information you need to make decisions that affect your future.
Get Personalized Legal Advice From Grano Law Offices, P.C. at No Cost
Our criminal defense lawyer at Grano Law Offices, P.C. knows how frightening this moment can be for the accused and their loved ones. Get no-cost, no-obligation legal advice for your specific circumstances with a Free Case Strategy Session by calling (505) 426-8711 or messaging us below, 24 hours a day, 7 days a week. We also offer remote visits if you are unable to travel to our office for an in-person meeting.
