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 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 fines/fees, if you are accused of driving while intoxicated in New Mexico, you will also face increased insurance premiums, revocation of your driving privileges through the MVD, an 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.
1. DWI First Offense Potential Penalties:
If you are accused of a simple DWI first offense, under New Mexico law, you are facing up to 90 days in county jail and up to a $500 fine. You could also serve up to 1 year on supervised probation. If you plea 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 must install an ignition interlock in any vehicle you drive for a period of 1 year. You must also complete a substance abuse screening by probation and attend and complete any counseling or treatment as recommended by probation. If your DWI allegation involves an accident causing damage to the property of another, restitution may be ordered. Court costs and fines/fees can range from $ 380.00 - $ 700.00 depending on the circumstances.
1(A). Aggravated DWI First Offense Penalties:
If your DWI first offense allegation is aggravated, the possible penalties will increase. An aggravated DWI first offense carries a mandatory minimum of 48 hours in county jail if you are convicted of the underlying offense. This 48 hour mandatory minimum may be imposed in addition to the time you already spent in jail during your initial arrest.
2. DWI Second Offense Potential Penalties:
If you are accused of a DWI second offense, under New Mexico law, you are facing up to 364 days in county jail. Upon a conviction for the underlying offense, 96 consecutive hours of jail time is mandatory. You also could be ordered to pay up to a $1,000.00 fine, of which $500.00 of that is mandatory upon a conviction. In addition, you could be ordered by the court to serve up to 5 years on supervised probation. You will be ordered to complete 48 hours of mandatory community service and to complete a mandatory substance abuse screening by the probation department where you must follow all recommended treatment by probation. This includes completing either a 28 day in-patient treatment program or not less than a 90 day out-patient substance abuse treatment program, or a drug court program. You will also be required to obtain an ignition interlock license for 2 years with an ignition interlock device installed in every vehicle driven during that time. If your DWI allegation involves an accident causing damage to property of another, restitution may be ordered. Court costs and fines/fees can range from $ 380.00 - $ 700.00 depending on the circumstances.
2(A). Aggravated DWI Second Offense Penalties:
If your DWI second offense allegation is aggravated, the possible penalties will increase. If you are convicted of an aggravated DWI second offense, the judge must impose 192 hours (8 days) of mandatory jail time. This 192 hour mandatory minimum may be imposed in addition to the time you already spent in jail during your initial arrest.
3. DWI Third Offense Potential Penalties:
If you are accused of a DWI third offense, under New Mexico law, you are facing up to 364 days in county jail. If you are found guilty by plea or trial conviction, the judge is required by law to impose 30 consecutive days of jail and up to a $1,000.00 fine, $750.00 of which is mandatory. You could also be placed on supervised probation for up to 5 years. Upon a conviction by a plea deal or being found guilty at trial, you also face 96 hours of mandatory community service. Further, you will be ordered to complete substance abuse screening and you must complete all recommended treatment by probation, including either a 28 day in-patient program or not less than a 90 day out-patient substance abuse treatment program, or a drug court program. Additionally, you will be ordered to only operate vehicles that are equipped with an ignition interlock device for a period of 3 years. If your DWI allegation involves an accident causing damage to property of another, restitution may be ordered. Court costs and fines/fees can range from $ 380.00 - $ 700.00 depending on the circumstances.
3(A). Aggravated DWI Third Offense Penalties:
If your DWI third offense allegation is aggravated, the possible penalties will increase. If you are convicted of an aggravated DWI third offense, the judge is required by law to order that you serve 90 consecutive days in county jail. This 90 day mandatory minimum may be in addition to the time you already spent in jail during your initial arrest.
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 allegations 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.
Retaining a competent DWI attorney will help protect your future in the following ways:
(1) by assisting in the truth-finding process of criminal litigation by reviewing the State's evidence for any possible legal defenses, (2) reviewing the evidence for any constitutional errors, (3) aiding in avoiding or reducing potential jail time, (4) negotiating with the prosecutor to get specific charges dismissed (if not the whole case), (5) working to mitigate any potential fines and fees you may have to pay, (6) negotiating with the prosecutor for the best possible plea resolution under the facts and circumstances of your case, (8) assisting with your MVD Implied Consent Hearing, and (8) etc. While your case is pending, rather than only working towards a plea resolution, a skilled DWI defense attorney will also strategically 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.
One thing that is important to know is that New Mexico does NOT allow expungement for DWI convictions. This means a conviction on a DWI offense case can follow you for life. This is why its especially important to retain an attorney who understands the consequences a DWI conviction can have on an individual. Although expungement is not an option for DWI offenses in New Mexico, there are still ways that a good DWI attorney can avoid a conviction for DWI reflecting on your record.
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 request form and send in your request to the MVD 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 strongly suggests that you send your request via certified mail to avoid any chance of your request being lost in the mail without proof of having mailed it out within the 10 day deadline. 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 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