A New Mexico DWI conviction stays on your driving record for 55 years. You cannot remove a DWI conviction from your record, even under the New Mexico Criminal Record Expungement Act.
You can, however, petition the court to expunge a dismissed DWI charges. If you’re facing a DWI/DUI charge, you should hire a New Mexico criminal defense attorney to mount a legal defense on your behalf.
In This Post
In this post, I answer the following questions:
- Can You Expunge a DWI/DUI Arrest or Conviction in New Mexico?
- What Crimes Cannot Be Expunged in New Mexico?
- What Are the Penalties of a DWI/DUI in New Mexico?
- How Does a DWI/DUI Lawyer in New Mexico Defend Cases?
At the end, I will also help you understand your next steps toward getting legal help at no cost to you.
Can You Expunge a DWI/DUI Arrest or Conviction in New Mexico?
You cannot expunge a DWI/DUI arrest or conviction record in New Mexico under state laws. You should fight your DWI/DUI charges if you face them to avoid having a conviction or arrest on your MVD record for 55 years.
Your DWI/DUI conviction can appear in various background checks when:
- Seeking employment
- Volunteering
- Applying for credit
- Buying a house
- Applying for professional licenses
A DWI/DUI conviction can result in numerous disruptions and limitations to your freedom. There are other crimes that New Mexico will not allow you to expunge as well.
What Other Crimes Cannot Be Expunged in New Mexico?
While the New Mexico Criminal Record Expungement Act granted new access to a fresh start, there are specific crimes that the state will not expunge.
They include the following types of convictions and arrests:
- DWI/DUI
- Embezzlement**
- Sexual offenses**
- Crimes with minors**
- Violent offenses**
**Please note that some final dispositions, such as conditional discharges or Pre-Prosecution Diversion, might be eligible for an Expungement since they are not technically “convictions.”
New Mexico treats these crimes more severely than others, especially when charged at the felony level. If you or a family member ever faces a related arrest or charge, you must defend your case in court. A New Mexico criminal defense attorney, like myself, can help.
What Are the Penalties of a DWI/DUI in New Mexico?
New Mexico punishes DWI/DUI cases severely. Penalties include loss of driving privileges, jail time, fines, and more. However, the steepness of DWI conviction penalties depends upon whether you are charged with a misdemeanor or felony DWI/DUI.
These are the penalties for a misdemeanor DWI:
- First offense: Up to 90 days in jail and up to a $500 fine. Mandatory penalties include an ignition interlock device, DWI school, lost driving privileges, alcohol screening, 24 hours community service, and chemical dependency treatment.
- Second and third offense: Up to 364 days of jail time and a fine of up to $1,000. Mandatory penalties include a jail sentence (second convictions carry a mandatory 96 hours, lost driving privileges, and third convictions have a mandatory 30 days in jail).
- Fourth or subsequent offense: Mandatory minimum of six months imprisonment, fines, probation, treatment, communication service, lost driving privileges, and more. There are higher sentences that increase according to the conviction level. See this article to learn more about higher penalties associated with a DWI/DUI.
As you can see, the penalties for a DWI/DUI are harsh. Not to mention that the MVD record with stay with you for 55 years! The amount of time that a DWI/DUI stays on your record can span an entire career.
Do not leave your case in the hands of the prosecutor if you are ever charged or arrested for a DWI/DUI. Instead, consider what an experienced and results-oriented New Mexico criminal defense lawyer can do for your case strategy.
How Does a DWI/DUI Lawyer in New Mexico Defend Cases?
The reality is that your particular defensive strategy depends upon the specific facts and circumstances of your case. However, a New Mexico DWI/DUI lawyer can offer timely guidance while protecting your legal rights with courts, police, and prosecutors. Winning your case is the difference between freedom and some severe limitations.
Here are a few ways in which we can help:
- Advise you of when to say less about your case
- Have long-term familiarity with local courts around the state
- Coordinate meetings, hearings, and filing dates
- Communicate with prosecutors while fiercely representing your rights
- Fight your charges in a jury trial if that is the best solution
When you hire a DWI/DUI attorney, you will have the reassurance that someone is representing your legal rights and interests throughout the entire legal process. If we can find an opportunity to get your charges dropped, reduced, or dismissed, my legal team and I will fight for them. You do not deserve to accept responsibility for a crime that prosecutors cannot prove you committed.
Start with a Free Case Strategy Session
Marc Grano, founder and experienced DWI attorney at Grano Law Offices, P.C., offers individuals and families to contact our office for a Free Case Strategy Session. It is a no-cost, no-obligation opportunity for you to learn more about your legal options.
Call us to schedule yours now at (505) 426-8711 or send a direct message through the form below. We also offer video chat.
