Felony Driving While Intoxicated (DWI)
The justice system is fast-paced and complex. The foregoing explanation of potential consequences and how an attorney can assist you with your felony DWI allegation is non-exhaustive. Take advantage of a free initial case consultation today to learn more.
Potential Consequences:
New Mexico takes DWI offenses very seriously, and prosecutes them to the full extent of the law. In addition to criminal penalties and fees, if you are accused of driving while intoxicated, you will also face increased insurance premiums, civil ramifications through the MVD, inability to obtain a concealed carry license for 5 years after the full resolution of your case, etc. There are two types of DWI allegations: simple and aggravated. In New Mexico, you can be charged with aggravated DWI for three reasons: (1) your blood alcohol level is double the legal limit of 0.08, (2) you refuse to provide a breath alcohol sample, or (3) you cause an accident resulting in great bodily harm that is not likely to cause death. In New Mexico, if you've been convicted of three DWIs in the past, any subsequent allegation will be charged as a felony.
1. DWI Fourth Offense - 4th Degree Felony
If you are accused of a DWI fourth offense, under New Mexico law, you are facing up to 18 months in prison. Upon a conviction for a fourth offense, the judge is required to incarcerate you for at least 6 months, but may sentence you to incarceration for up to 18 months. Or, the judge may sentence you to supervised probation for up to five years, or a combination of both. In addition, the judge may impose a fine of up to $ 5,000.00 and any counseling or treatment as recommended by the probation department. You will also be required to acquire an ignition interlock license for 3 years and only drive a vehicle with an ignition interlock device installed in it for a period of 3 years.
2. DWI Fifth Offense - 4th Degree Felony
If you are accused of a DWI fifth offense, under New Mexico law, you are facing up to 24 months in prison. Upon a conviction for a fifth offense, the judge is required to incarcerate you for at least 12 months, but may sentence you to incarceration for up to 24 months. Or, the judge may sentence you to supervised probation for up to five years, or a combination of both. In addition, the judge may impose a fine of up to $ 5,000.00 and any counseling or treatment as recommended by the probation department. You will also be required to acquire an ignition interlock license for 3 years and only drive a vehicle with an ignition interlock device installed in it for a period of 3 years.
3. DWI Sixth Offense - 3rd Degree Felony
Up to 30 months in prison. Upon a conviction for a six offense, the judge is required to incarcerate you for at least 18 months, but may sentence you to incarceration for up to 30 months. Or, the judge may sentence you to supervised probation for up to five years, or a combination of both. In addition, the judge may impose a fine of up to $ 5,000.00 and any counseling or treatment as recommended by the probation department. You will also be required to acquire an ignition interlock license for 3 years and only drive a vehicle with an ignition interlock device installed in it for a period of 3 years.
4. DWI Seventh Offense - 3rd Degree Felony
Up to 3 years in prison. Upon a conviction for a seventh offense, the judge is required to incarcerate you for at least 2 years in prison, but may sentence you to incarceration in prison for up to 3 years. Or, the judge may sentence you to supervised probation for up to five years, or a combination of both. In addition, the judge may impose a fine of up to $ 5,000.00 and any counseling or treatment as recommended by the probation department. You will also be required to acquire an ignition interlock license for 3 years and only drive a vehicle with an ignition interlock device installed in it for a period of 3 years.
5. DWI Eight Offense - 2nd Degree Felony
Up to 12 years in prison. Upon a conviction for an eight offense, the judge is required to incarcerate you for at least 10 years in prison, but may sentence you to incarceration for up to 12 years. Or, the judge may sentence you to supervised probation for up to five years, or a combination of both. In addition, the judge may impose a fine of up to $ 5,000.00 and any counseling or treatment as recommended by the probation department. You will also be required to acquire an ignition interlock license for 3 years and only drive a vehicle with an ignition interlock device installed in it for a period of 3 years.
How an Attorney Can Help:
DWI is a common offense in New Mexico, albeit, the law behind DWI in New Mexico is one of the most intricate and complex areas of criminal law. Retaining an attorney who truly understands the law behind DWI is crucial for your future and will help you navigate the daunting and understandably stressful process of criminal prosecution and help mitigate any potential consequences. A good DWI attorney will:
(1) assist in the truth-finding process of criminal litigation by reviewing the State's evidence, (2) review the evidence for any constitutional errors and for any legal defenses, (3) aid in avoiding or reducing potential jail time, (4) negotiate with the State to get additional charges dismissed (if not the whole case), (5) work to mitigate any potential fines and fees, (6) negotiate with the State for the best possible plea resolution under the facts and circumstances of your case, (7) etc. While your case is pending, rather than only working towards a plea resolution, a competent DWI defense attorney will also work from day one to build a strong legal defense and aggressively fight for your interests in the event you choose to exercise your constitutional right to proceed to trial.
Furthermore, the best DWI attorneys will also represent you while you face civil penalties through the MVD stemming from your DWI allegation. When accused of a DWI offense in New Mexico, most people don't realize that two entities are coming after them: (1) the criminal courts, and (2) the Motor Vehicle Division (MVD). MVD penalties are completely separate from your pending criminal matter for DWI. When accused of a DWI, the MVD will attempt to revoke your license. After your arrest for DWI, you have 10 calendar days to request a hearing with the MVD to contest your license revocation. MVD Implied Consent Act revocation hearings are separate from the criminal courts and, therefore, have different burdens of proof and procedures with respect to revocation proceedings. Depending on how many DWI convictions you've had in the past, the MVD could revoke your license for a period ranging from 6 months to life.
Ask Mitchell Law Offices LLC today to learn more about how the MVD will attempt to revoke your license due to a DWI accusation. We represent clients at DWI related MVD hearings for FREE. If you are accused of a DWI without an attorney yet and it has been 10 days or less since your arrest, please utilize the following link to download the MVD implied consent request form and send in your request for a hearing to avoid missing your opportunity to do so:
https://www.mvd.newmexico.gov/hearing-requests/
Please note that if you send in your request yourself, you must include a money order or check in the amount of $ 25.00. Cash will not be accepted by the MVD. It is also advisable that you check the "implied consent act" box and that you also check the box indicating that you "want the officer to be a witness" at your hearing. Our firm also suggests that you send your request via certified mail. However, if you'd like our firm to send your request for you to avoid any crucial errors, we are happy to do so as part of our legal representation for your DWI allegation.
One final note on the MVD license revocation process that we at Mitchell Law Offices LLC find worthy of notifying our future clients of is that it is very difficult to come out of a DWI allegation without, at the very least, having to get an ignition interlock installed in any vehicle you drive. This is because even if you prevail at your MVD Implied Consent Act hearing, there is still a chance of your license ultimately being revoked by the MVD due to your DWI charge. Should you plea guilty to your DWI charge or be found guilty by judge or jury at the conclusion of trial, the criminal court will mail an Abstract of Record to the MVD, where the MVD will end up revoking your license anyway pursuant to the criminal court's finding of guilt on your DWI charge.
An abstract of record is a document which provides information to the MVD regarding the traffic offense charged, the traffic offense pled to or found guilty to, the plea or finding by the court of the charge after trial (guilty or not guilty), and the sentence imposed. For an example of what an Abstract of Record is, please utilize the following link:
https://lawofficeofmitchell.com/gallery