DWI/DUI
DWI and DUI Attorney in New Mexico
The criminal justice system moves fast, feels overwhelming, and can change the course of your life in an instant. A misdemeanor DWI/DUI might sound “minor,” but the consequences are anything but—your job, your finances, your reputation, your driving privileges, even your immigration status could all be at stake.
At Mitchell Law Offices, LLC, we are recognized as one of the top criminal defense firms in New Mexico because we fight smart, we fight hard, and we fight to win. Our team brings unmatched experience, relentless preparation, and the kind of courtroom presence that sets us apart from the rest. When you walk into court with us by your side, you’re not just hiring a lawyer—you’re gaining an advocate who knows the system inside and out and won’t back down until you get the best possible result.
Don’t wait and don’t settle. Take advantage of a free initial case consultation today and let us show you exactly how we can protect your future and put you back in control.
Potential Consequences
New Mexico enforces strict penalties for DWI/DUI offenses, prosecuting them to the fullest extent of the law. A DWI/DUI conviction can lead to severe criminal penalties, increased insurance premiums, loss of driving privileges, and even restrictions on obtaining a concealed carry license.
DWI/DUI charges in New Mexico fall into two categories: simple and aggravated. Aggravated DWI/DUI charges apply in cases where:
Our DWI/DUI criminal defense attorney will examine every detail of your case to challenge evidence, negotiate reduced penalties, and fight for your rights in court.
If you are accused of a simple DWI first offense under New Mexico law, you may face up to 90 days in county jail and a fine of up to $500. Additionally, you could be sentenced to up to one (1) year of supervised probation.
If you plead guilty or are found guilty at trial, you must complete a mandatory 24 hours of community service, a 12-hour DWI School, and the Victim Impact Panel. You will also be required to install an ignition interlock device in any vehicle you drive for a period of one (1) year.
Furthermore, you must undergo a substance abuse screening by probation and attend any recommended counseling or treatment. If your DWI allegation involves an accident that caused property damage, restitution may be ordered. Court costs and fines/fees typically range from $380 to $700, depending on the circumstances.
Aggravated DWI First Offense Penalties
If your first-offense DWI allegation is classified as aggravated, the penalties will be more severe. A conviction for an aggravated DWI first offense carries a mandatory minimum of 48 hours in county jail. This 48-hour mandatory jail sentence may be imposed in addition to any time you already served during your initial arrest.
A second-offense DWI under New Mexico law carries the possibility of up to 364 days in county jail. Upon conviction, a mandatory minimum of 96 consecutive hours of jail time will be imposed. You may also be fined up to $1,000, with $500 of that amount being mandatory. Additionally, the court could order you to serve up to five (5) years of supervised probation.
A second-offense DWI conviction requires the completion of 48 hours of mandatory community service. You must also undergo a substance abuse screening by the probation department and follow all recommended treatment. This may include completing either a 28-day inpatient treatment program, a minimum of 90 days in an outpatient substance abuse treatment program, or participation in a drug court program.
You will also be required to obtain an ignition interlock license for two (2) years and install an ignition interlock device in every vehicle you drive during that period. If your DWI allegation involves an accident that caused property damage, restitution may be ordered. Court/Probation costs and fines/fees can typically range from $750 to approximately $ 2,000, depending on the circumstances.
Aggravated DWI Second Offense Penalties
If your second-offense DWI is classified as aggravated, the penalties will be enhanced. A conviction for an aggravated DWI second offense requires the judge to impose a mandatory minimum of 192 hours (eight days) in county jail. This 192-hour mandatory sentence may be in addition to any time you already served during your initial arrest.
A third-offense DWI under New Mexico law carries a maximum sentence of up to 364 days in county jail. If you are convicted, the judge is required to impose a mandatory minimum of 30 consecutive days in jail. You may also be fined up to $1,000, with $750 of that amount being mandatory. Additionally, you could be placed on supervised probation for up to five (5) years.
Upon conviction, you must complete 96 hours of mandatory community service. You will also be required to undergo a substance abuse screening and complete any recommended treatment. This may include a 28-day inpatient program, a minimum of 90 days in an outpatient substance abuse treatment program, or participation in a drug court program.
Furthermore, you will be restricted to operating only vehicles equipped with an ignition interlock device for a period of three (3) years. If your DWI allegation involves an accident that caused property damage, restitution may be ordered. Court costs and fines/fees typically range from $380 to $700, depending on the circumstances.
Aggravated DWI Third Offense Penalties:
If your third-offense DWI is classified as aggravated, the penalties will be significantly harsher. A conviction for an aggravated DWI third offense requires the judge to impose a mandatory minimum of 90 consecutive days in county jail. This 90-day mandatory sentence may be imposed in addition to any time you already served during your initial arrest.
For information on the differences between a deferred sentence and a suspended sentence, Click this link: FAQ
Schedule A Consultation Today
If you are facing a DWI/DUI charge in New Mexico, do not face this battle alone. Contact Mitchell Law Offices, LLC today for a consultation to discuss your case. We are committed to protecting your rights and providing a strong defense to help you move forward.