Venturing through the complex terrain of a New Mexico DWI case may feel confusing, with every turn presenting new challenges. Understanding the intricacy of criminal and Motor Vehicle Department Administrative law becomes crucial with seven pivotal stages, from the traffic stop to, if convicted, potential sentencing. Your charges are defensible through the criminal courts and MVD administrative process, even if things seem murky and frightening.
Our DUI defense attorney, Marc A. Grano, walks you through the seven stages of a DUI/DWI case in New Mexico. He also shares information about getting your driver’s license back and offers three essential steps for navigating the process after an arrest. Grano Law Offices, P.C. wrote this post for people who want to know more about what they should expect in court.
A DUI/DWI Court Case IS A Two-Stage Matter
New Mexico charges DWI/DUI cases under NMSA § 66-8-102 for those suspected of drunk or drugged driving. You may also face DWI/DUI charges related to NMSA § 66-8-107, also known as the Implied Consent Act, if you refuse to provide a breath sample after being arrested for DWI/DUI. Regardless of the specifics of your charges, you must also engage in a second administrative matter when you want to fight to retain your driver’s license or driving privileges, making a DWI/DUI case a two-part court process.
Below, we outline both court matters so that you have a better understanding of what to expect in general:
Part 1. Criminal Court
Criminal court proceedings specifically address the potential criminal consequences related to allegations of driving drunk or alleged refusal to provide a breath sample. It can become complicated if convicted, from the traffic stop to potential sentencing.
We completed a breakdown of the entire process in seven stages and simple terms here:
Stage 1. Traffic Stop
A DUI investigation usually begins with a routine traffic stop. Law enforcement observes potential signs of impaired driving, such as erratic lane changes, disobeying traffic signals, or driving without headlights when required. The officer may then signal to pull your vehicle off to the side of the road.
Alternatively, officers may suspect intoxication as a contributing factor if an accident occurs. Officers receive training in the investigation of drunk or impaired driving and the administration of standardized field sobriety tests (SFSTs) and a Portable Breath Test (PBT). In either scenario, they may call upon a drug recognition expert (DRE).
Stage 2. Arrest
If the officer believes that there is probable cause to think that you are drunk or high, law enforcement will place you under arrest. Your arrest includes handcuffing, reading the Implied Consent Advisory, and administering the breathalyzer. The officer will then transport you to a local detention center or jail. They may also impound your vehicle.
Post-arrest, the booking process begins at the police station, where they record your information, fingerprint you, and take your photograph. They will catalog and store items in your possession for safekeeping until release from jail and sometimes even collect some items as evidence before releasing you on bail or after your arraignment if offered.
Stage 3. Arraignment
An arraignment, which may convene in person or virtually, marks your initial court appearance. In this hearing, a judge will formally read you your charges and rights, and you will then enter a plea of (a) guilty, (b) not guilty, or (c) no contest.
The judge will review your history and other factors and determine whether you should be Released on Your Own Recognizance, on an unsecured bond, a percentage bond, or a cash bond. The judge will also impose conditions of release, which will most likely require you to abstain from alcohol use, not violate the law, and may include travel restrictions.
Stage 4. Discovery
Once arraigned on your DUI charges, the next step is to obtain and review all pertinent evidence the prosecution holds. This process is known as the discovery phase of your matter. It also follows the rules under Article 5 of the New Mexico Rules of Criminal Procedure.
Your criminal defense attorney will make this request to obtain:
- Police reports
- Body Worn Camera recordings
- Dash camera recordings
- 911 call recordings
- BAC results
- Detailed testing records
- Accident reports
- Audio recordings
- Other police evidence
Reviewing and scrutinizing these materials when piecing together a legal defense strategy is critical. Although DUI charges may be straightforward, the juridical process is far from simplistic. Your defense lawyer will identify and leverage as many opportunities and challenges as they arise during the discovery phase, even if aggravating factors play a role.
Stage 5. Pretrial Proceedings
Pretrial proceedings are those that occur before a trial. During pretrial, the prosecutor and your defense attorney exchange discovery, review discovery, file necessary motions, and determine the admissibility of evidence and other details to decide if a trial is viable. These proceedings could result in a plea agreement, case dismissal, or criminal trial.
Stage 6. Trial
A DUI criminal jury trial is a formal legal proceeding to determine whether the accused individual is guilty of driving under the influence. The prosecutor and your defense lawyer will present their respective cases, and after resting their cases, a jury deliberates to reach a verdict. It is imperative to note that every element of the trial, from jury selection to the final witness, aligns with New Mexico’s DUI laws and your specific circumstances.
Your participation in the trial process and the guidance of a compassionate, experienced attorney are paramount for pursuing the outcome you want and deserve. A trial is not a typical outcome in most DUI cases, as many resolve sooner through pleas or dismissals. However, you might find your case proceeding to trial. Every case is different and determined on its own merits.
Stage 7. Sentencing
A DWI conviction will result in a criminal penalty, including potential incarceration, fines, and more. Penalties for even a first-time DWI in New Mexico could include up to 90 days imprisonment and fines of up to $500. Mandatory penalties include an ignition interlock device (IID) installation, DWI school, alcohol screening and compliance with recommendations, community service, and license revocation.
Associated penalties will also increase in severity if they involve prior DWI convictions or aggravating factors, such as great bodily harm or the death of another person.
Part 2: MVD Administrative Hearing
We mentioned previously that the criminal courts are just one part of the bigger picture. Most people need a motor vehicle to raise families and attend work, so they often want to know how to get their licenses back after arrest.
Below, our legal team describes the three stages of getting your driver’s license back when arrested for a DUI in New Mexico:
Stage 1: Notice of License Revocation
The arresting officer will serve you with a Notice of Revocation, automatically revoking your license or driver privileges, UNLESS! The notice marks the beginning of a critical countdown. You have a window of ONLY TEN (10) DAYS from your ARREST TO REQUEST A MOTOR VEHICLE DIVISION (MVD) LICENSE REVOCATION HEARING. Missing this deadline will cause you to lose your driving license or privileges.
Stage 2. MVD Revocation Hearing Request
You or your MVD revocation defense attorney must submit the Request for Hearing form within these ten days. Complete the form thoroughly and strategically since your answers can influence the hearing’s outcome. Dealing with these proceedings requires meticulousness and understanding of legal procedures. Support from a knowledgeable New Mexico DWI attorney is instrumental in constructing a defense strategy tailored to your situation. THE REQUEST MUST INCLUDE A MONEY ORDER FOR $25.00!
Your MVD License Revocation Hearing is a critical opportunity to fight for your driving rights. They are responsible for scheduling this hearing within ninety days. The hearing is pivotal for those facing a Notice of Revocation since alleged infractions like drunk driving can impact your ability to work or provide for your family.
Stage 3. MVD Proceedings
The hearing itself does not always guarantee keeping your license. Police evidence could lead to an adverse decision, revoking your in-state and out-of-state driving privileges. Nevertheless, there are options following an unsuccessful hearing, including an appeal or agreeing to install an IID in your motor vehicle.
Remember that the License Revocation Hearing is separate from any criminal proceedings related to the DWI charges. The insights gained from the administrative hearing can provide valuable information for your criminal defense but do not directly affect the criminal court’s decisions.
3 Crucial Steps After a DWI/DUI Charge in New Mexico
Facing a DUI charge in New Mexico can be an overwhelming experience, leaving you uncertain about your future. The moments after such an incident are critical, not only for the outcome of your case but for your peace of mind. Fortunately, you can effectively navigate the road ahead with knowledgeable guidance and strategic action.
Here are three vital steps to follow after a DUI charge in New Mexico:
Step 1. Seek Legal Advice
Proactivity is your ally when facing DWI/DUI charges. Engaging with a seasoned DUI defense team, like Grano Law Offices, P.C., can provide clarity and direction. An initial meeting will uncover potential defensive strategies and offer insight into potential resolutions, with the following steps leading to how they can proceed immediately to protect your case as soon as possible.
Step 2. Protect Your Driving Privileges
A DUI charge comes with immediate consequences, including the potential revocation of your driver’s license. To contest this, you must request an administrative hearing within ten days of your arrest. Timeliness is crucial; missing this window can lead to automatic license suspension. Your attorney can handle this component, ensuring your case follows all procedural steps.
Step 3. Preserve Evidence
Write down the names of any people and places involved as soon as possible. Doing so can help your attorney identify potential witnesses who may corroborate your account, strengthen your position, challenge SFTS, and provide new evidence. It could even highlight an unlawful traffic stop or point to the breath test providing a false positive.
Detailing your activities before the arrest with tangible evidence, like receipts or video footage, can play a pivotal role in challenging your DUI charges. Only share these details with your legal team and entrust them to evaluate and leverage the evidence according to your chosen case strategy.
Navigating New Mexico’s DWI/DUI Legal Stages
A DUI in New Mexico will not ruin your life. However, if convicted, it can stay on your driving record for 55 years. Following your attorney’s advice is essential.
Our qualifications, resources, and understanding of handling DUI defense can significantly influence the efficacy of your case’s strategy. Navigating a DUI charge requires patience and attention to the intricate details of your case. Select an attorney experienced in the nuances of DUI law to aggressively defend your rights and endeavor to secure an advantageous outcome.
Take the Next Step With Confidence
It is never too late to take control of your situation; face your charges with professional advice as soon as possible. Grano Law Offices, P.C. is ready to support you through the complexities of a drunk or drugged driving charge in northern and central New Mexico. Our highly experienced, award-winning DWI/DUI lawyer, Marc A. Grano, will provide you with a Free Case Strategy Session at (505) 426-8711 or via our contact form below.
