Misdemeanor DWI/DUI

What are the Penalties and Consequences for a Misdemeanor 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.  

The penalties for Driving Under the Influence in New Mexico vary greatly by the circumstances.  Under New Mexico law, a first offense can carry up to 90 days in jail and up to a $500 fine. A sentence on a first offense can be deferred or suspended, (the mandatory minimum may NOT be deferred or suspended) which means it will not be imposed if you are compliant with the one-year probationary period.  Mandatory penalties of a DWI/DUI first offense include: the installation and use of an ignition interlock device, DWI school, an alcohol screening and compliance with the recommendations, 24 hours community service, and treatment if recommended. 

A second and third conviction for DWI/DUI carries up to 364 days of jail time, and a fine of up to $1,000.  Like first offenses, sentences for second or third convictions can be suspended in part, meaning that the non-mandatory jail time or fine will not be imposed if you comply with probation.  Probation for second and third offenses can range from 1 to 5 years. Unlike first convictions, second and third convictions (and aggravated first conditions, as explained in the next section) carry a mandatory jail sentence; second convictions carry a mandatory 96 hours, and third convictions carry a mandatory 30 days in jail.  Both carry substantial and mandatory community service hours. 

Second convictions require the following mandatory consequences: fines of up to $1,000, with a mandatory $500 fine, mandatory minimum 48 hours community service, treatment, installation of the ignition interlock device during the probationary period and palm print impressions  DWI Third convictions require the following mandatory penalties: fines of up to $1,000, with a mandatory $750 fine, mandatory minimum of 96 hours of community service, treatment, installation of the ignition interlock device during the period of probation and palm printing.  Once again, probation may range from 1 to 5 years for a second or third conviction.  

How is an Aggravated DWI/DUI Different?

You might be looking at charges of Aggravated DWI if your BAC was .16 or higher, if you caused bodily harm to someone while Driving Under the Influence, or if you refused to have your blood alcohol tested.  NMSA 1978, Section 66-8-102(D). If you are convicted of Aggravated DWI, you must serve a mandatory 48 hours in jail for your first offense. If you are convicted of Aggravated DWI as a second offense, you must serve a mandatory 8 days of jail time.  If you are convicted of Aggravated DWI as your third offense, you must serve at least at least 90 days of jail time.

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!