New Mexico’s penalties for driving on a revoked license after a DWI include a mandatory arrest, a mandatory minimum 7 days and up to 364 days in jail, a mandatory minimum fine of $300 up to $1000, and immobilization of your motor vehicle for thirty days. Courts enforce these penalties under NMSA § 66-5-39.1.
New Mexico imposes strict DWI law, and a violation can result in additional charges. You will, however, have a chance to defend yourself in court again and may want to hire legal representation to represent your case.
In this post, a San Miguel County DWI lawyer at Grano Law Offices, P.C. addresses your concerns and shows you how to get legal help if you face new legal charges.
What the Criminal Courts Needs to Prove to Your Violation
Essentially, prosecutors and law enforcement must establish that you were driving on a revoked license and were aware of that fact. For the city, county, or state to get a conviction, the following elements must be proven:
- Element 1. You were the relevant person
- Element 2. You were driving
- Element 3. It was a motor vehicle
- Element 4. You were on a public road
- Element 5. Your driving privileges were revoked, and
- A) The revocation was from a DWI conviction, or
- B) You were on an administrative revocation
- Element 6. You knew or should have known your license was revoked
The prosecution’s burden of establishing that the defendant knew or should have known about their revocation is one of the most challenging to prove in many cases. However, they do not have to provide direct evidence of the defendant’s subjective mental state but may instead rely on circumstantial evidence to establish that the defendant should have been aware. A DWI attorney in New Mexico can help you determine what evidence they have against you and build a case strategy from this point.
Possible Defenses to Driving on a License Revocation After a DWI
A Driving on Revoked for a DWI charge in New Mexico, if convicted, will result in significant penalties. However, law enforcement does not always have their facts straight, which means you should take the opportunity to defend yourself.
Examples of possible defenses include:
- Example #1. An unconstitutional stop.
- Example #2. Lack of evidence you had knowledge of the revocation
- Example #3. No probable cause
- Example #4. Driving under duress
Every defense works differently. A DWI lawyer will investigate the circumstances surrounding your arrest, events leading up to it, and other facts. We will thoroughly scrutinize every aspect of the situation.
Reinstating Your Driving Privileges
An Ignition Interlock License is available to individuals whose driver’s licenses have been revoked because of an Implied Consent Violation, first offense, subsequent offense, or refusal. It is also available to individuals whose licenses have been revoked because of a DWI conviction. If you were caught driving on a revoked license, you may be eligible to drive again by acquiring an ignition interlock license.
This license requires that any vehicle you drive is equipped with an approved ignition interlock device. These devices are available from various vendors and will require you to pay an installation and monthly rental fee in addition to the license fee, but the license is otherwise unrestricted.
Total revocation periods vary according to circumstance. However, once your revocation period has expired, you will be required to provide proof of the use of the ignition interlock device with no positive blows or tampering during a required period of time. In addition, you will need to pay a reinstatement fee and may be subject to additional administrative requirements before you can legally drive again. Generally, the reinstatement cost is $25 or $100.
Important: Seek Legal Representation Before Your Next Hearing
The courts will put your case on the docket to rule on the charges you are facing. You will likely have a few weeks before your first hearing. This period is the perfect opportunity to gather as much information about your case as possible.
Start by compiling copies of documentation received. Then, start discussing your situation with an experienced DWI lawyer. At a minimum, you will at least have an idea of what to expect and could walk away with great representation on your side.
Get Legal Help From a San Miguel DWI Defense Attorney
Grano Law Offices, P.C. aggressively represents DWI cases in northern and central New Mexico. Our founder, Marc A. Grano, has extensive training and experience in this area. Marc currently serves as the State Ambassador for the American Association of Premier DUI Attorneys (AAPDA) and as the State Representative for the National College of DUI Defense. He possesses a significant current and continued training in the National Highway Transportation Safety Administration (NHTSA) DWI Detection and Standardized Field Sobriety Testing and investigation.
Learn more about your legal rights and options. Call Grano Law Offices, P.C. for a Free Case Strategy at (505) 426-8711 or message us privately via the contact form below. We can come to you or meet through video chat if you cannot travel to our Las Vegas, NM office.
