What are the Penalties and Consequences for a Felony DWI/DUI in New Mexico?
New Mexico has some of the strictest laws in the country when it comes to Driving Under the Influence of Drugs or Alcohol. NMSA 1978, Section 66-8-102. Whether you feel intoxicated or not, it is illegal to drive in New Mexico when your blood alcohol content (BAC) is 0.08 or higher. Being arrested for DWI can result in heavy fines or even jail time.
A FOURTH OR SUBSEQUENT DWI/DWI charge is considered a felony in the New Mexico. The charge depends on the number of prior valid convictions the prosecution is able to prove to the court. A felony DWI/DUI invokes significant mandatory incarceration time and felony probation requirements. A DWI FOURTH conviction is a fourth-degree felony, with a mandatory minimum six months imprisonment and a maximum sentence of 18 months imprisonment. NMSA 1978, Section 66-8-102G. A DWI FIFTH conviction is also a fourth-degree felony. However, it carries a mandatory one year of imprisonment with a maximum of two years imprisonment. NMSA 1978, Section 68-8-102H. A DWI SIXTH is a third-degree felony , with a mandatory eighteen months of imprisonment with a maximum of thirty months imprisonment. NMSA 1978, Section 68-8-102I. A DWI SEVENTH conviction is also a third-degree felony. However, it carries a mandatory minimum of two years with a maximum of three years imprisonment. NMSA 1978, Section 68-8-102J. A DWI EIGHTH or subsequent conviction is a second-degree felony, with a mandatory MINIMUM OF TEN YEARS incarceration and a maximum of twelve years. NMSA 1978, Section 66-8-102K. All felony DWI convictions require felony probation/parole monitoring and compliance with felony probationary requirements.
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 that 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 us, we can help!