Felony DWI

Felony DWI Attorney in New Mexico

Navigating the legal system after a felony DWI charge can be overwhelming. New Mexico has some of the strictest DWI laws in the country, and a felony conviction can have life-altering consequences. Whether you’re facing your fourth or subsequent DWI charge, it is critical to seek legal representation immediately. At Mitchell Law Offices, LLC, our experienced felony DWI attorney in New Mexico is here to defend your rights and guide you through this complex process.

Potential Consequences of a Felony DWI

New Mexico takes DWI offenses very seriously, prosecuting them to the full extent of the law. If convicted of a felony DWI, you may face severe criminal penalties, including prison time, hefty fines, and mandatory installation of an ignition interlock device. Beyond these penalties, other consequences include:

  • Increased Insurance Premiums
  • Civil Ramifications Through the MVD
  • Inability to Obtain a Concealed Carry License for Five Years After the Resolution of Your Case
  • A Permanent Criminal Record Affecting Employment and Housing Opportunities

There are two types of DWI allegations: simple and aggravated. A DWI charge is considered aggravated in New Mexico if:

  • Your blood alcohol concentration (BAC) is double the legal limit of 0.08%.
  • You refuse to provide a breath alcohol sample.
  • You cause an accident resulting in great bodily harm that is not likely to cause death.

If you have three prior DWI convictions, any subsequent charge is classified as a felony DWI.

Felony DWI Offenses and Penalties

If you are accused of a fourth DWI offense under New Mexico law, you are facing up to 18 months in prison. Upon conviction, the judge is required to incarcerate you for at least six months but may sentence you to up to 18 months of incarceration. Alternatively, the judge may impose 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 and require you to undergo counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are accused of a fifth DWI offense under New Mexico law, you are facing up to 24 months in prison. Upon conviction, the judge is required to incarcerate you for at least 12 months but may sentence you to up to 24 months of incarceration. Alternatively, the judge may impose supervised probation for up to five years or a combination of both.

Additionally, the judge may impose a fine of up to $5,000 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are convicted of a sixth DWI offense, you are facing up to 30 months in prison. The judge is required to incarcerate you for at least 18 months but may impose a sentence of up to 30 months. Alternatively, the judge may sentence you to supervised probation for up to five years or a combination of both.

Additionally, the judge may impose a fine of up to $5,000 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are convicted of a seventh DWI offense, you are facing up to three years in prison. The judge is required to incarcerate you for at least two years but may impose a sentence of up to three years. Alternatively, 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 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are convicted of an eighth DWI offense, you are facing up to 12 years in prison. The judge is required to incarcerate you for at least 10 years but may impose a sentence of up to 12 years. Alternatively, the judge may sentence you to supervised probation for up to five years or a combination of both.

Additionally, the judge may impose a fine of up to $5,000 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

How We Can Help

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Take Action Now

The consequences of a felony DWI conviction in New Mexico are severe, but you do not have to face them alone. The legal team at Mitchell Law Offices, LLC is committed to providing aggressive representation tailored to your unique circumstances. Protect your rights and your future. Schedule a consultation with our felony DWI attorney today.