DWI/DUI Defense Lawyer in Las Vegas, New Mexico

DWI IN NEW MEXICO

If you've been charged with DWI in New Mexico, the law gives you ONLY 10 DAYS for you or a New Mexico DWI Lawyer to demand a hearing with the New Mexico Department of Motor Vehicles to fight to save your driver’s license. 

Drunk driving is one of the most prosecuted crimes in New Mexico, and if you are charged with driving while intoxicated, contact DWI certified attorney Marc A. Grano, for a FREE STRATEGY SESSION as soon as possible.

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What is DWI?

Drunk driving is known as a DWI (driving while intoxicated) in some states, and a DUI (driving under the influence) in others. Drunk driving is a crime in all 50 states and is typically defined as driving while impaired by alcohol or other legal or illegal substances. Driving with a BAC (blood alcohol concentration) of .08% or higher is a crime, too, regardless of whether your driving was affected or impaired.  

These crimes carry heavy penalties, and certain types of DWI’s may be charged as a felony.  Some states have lower limits for underage drivers, but in New Mexico, it is .08%, and for commercial drivers, it is .04%.

New Mexico is one of the strictest states when it comes to penalties for driving while intoxicated, and it’s important to know what steps to take if you are pulled over or arrested for a suspected DWI. 

What do I do if I get pulled over or arrested for a DWI?

A DWI investigation starts from the point an officer first sees a vehicle.  There are many steps to the investigation, including your driving, your response to the officer’s lights or sirens, how you pull over, the initial contact with the officer and how you respond to his or her DWI interrogation techniques.  If you are pulled over for a suspected DWI in New Mexico, you will likely be subjected to the field sobriety tests and potentially a REQUEST to take a breathalyzer test.  

Under some circumstances, the officer may obtain a search warrant for your blood.  You also have a right to have an independent test conducted.  

For purposes of the Department of Motor Vehicles hearing, if you refuse a breathalyzer test, your license MAY be suspended for various periods of time based on various factors, including the number of previous DWI adjudications. Because driving is a privilege, not a right, you agree to certain requirements of having a license if you are pulled over for a DWI, including mandatory breath tests.  A refusal to test may be analyzed very differently when it comes to the assessment of your DWI criminal case.  

Your attorney will review the circumstances of your arrest and the results of your blood and breathalyzer tests. Whether or not the police made a mistake, we can help you fight a DWI charge.

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What is the penalty for a first DWI offense?

First offense penalties include a $500 fine, up to 90 days in jail, and your license will be suspended until you install an ignition interlock device that works like a breathalyzer in your car. This needs to be installed at your expense. You will also need to complete community service, attend education programs, individualized therapy and classes. Second and third offenses carry additional mandatory jail time, larger potential sentences, larger community service requirements, larger mandatory fines, potential in-patient treatment, significantly larger time requirements for the installation of the ignition interlock, significantly increased probation requirements and probationary sentences. 

What if this is my fourth or subsequent offense?

A fourth DWI offense in New Mexico is a felony charge. Every DWI beyond the fourth is also considered to be a felony. Felony charges carry a SIGNIFICANT MANDATORY minimum and maximum sentence and are followed up by strict felony probation conditions which are monitored by a New Mexico Department of Corrections Probation and Parole Officer.   All DWI convictions remain on your record indefinitely.

If you are charged with a DWI offense, contact  NHTSA Certified Attorney Marc A. Grano so we can review your case and help you decide the best steps to take. R

Get an NHTSA Certified Attorney to Defend Your DWI Case

The effective defense of a DWI/DUI arrest is specialized, complex, and detailed. I am certified by the National Traffic Safety Administration (NHTSA) to conduct the Standardized Field Sobriety Tests and to conduct DWI/DUI investigations. I will use my specialized knowledge and experience to provide you with the best defense possible. My team and I will obtain every piece of evidence, conduct a thorough defense investigation, prepare a defense of your case with you and fight for your driver’s license and challenge the prosecutor every step of the way. If you or a loved one finds yourself facing a DWI/DUI charge call Grano Law Office, P.C., we can help!