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.
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.