The penalty for aggravated DWI/DUI in New Mexico includes a minimum 48-hour jail sentence, which could increase to 90 days imprisonment or $500 in fines, or both. New Mexico State laws increase penalties for subsequent convictions until reaching eight convictions or more, carrying up to 12 years imprisonment.
In This Article
DWI/DUI defense lawyer, Marc A. Grano, discusses how the State of New Mexico defines aggravated DWI/DUI charges, their associated penalties, defending against a conviction, and getting legal advice. Grano Law Offices, P.C. wrote this article for people accused of an aggravated DWI/DUI and concerned loved ones in New Mexico.
Defining Aggravated DWI/DUI
Under NMSA § 66-8-102, state laws define aggravated DUI as driving under the influence of drugs or alcohol while:
- Driving with a blood alcohol concentration (BAC) of 0.16 percent or higher, OR
- Causing severe bodily injury to another human being while DUI, OR
- Refusing chemical tests under the Implied Consent Act (NMSA § 66-8-105)
An aggravated DWI/DUI is different from non-aggravated DWI charges in that they involve the presence of a high level of alcohol, injury to another person, or refusing a breath or blood test. The presence of these elements increases the severity of the crime under state law, which increases the potential penalties.
New Mexico Aggravated DWI/DUI Penalties
Aggravated DWI/DUI penalties are steep, whether facing a first-time conviction or subsequent. Under the same statute, our laws outline the consequences for a conviction as follows:
- Aggravated DWI/DUI First Offense: Mandatory minimum 48-hour jail sentence with up to 90 days imprisonment and/or $500 in fines, ignition interlock device (IID) installation for one year, 24 hours of community service, DWI school, alcohol screening and compliance with treatment recommendations. A probationary period of up to one year.
- Aggravated DWI/DUI Second Offense: Mandatory minimum jail sentence of 8 days in jail with up to 364 days in jail and a mandatory minimum fine of $500 up to $1,000, a minimum community service sentence of 48 hours, ignition interlock device (IID) installation for two years, 28 days of inpatient substance abuse treatment, 90 days of outpatient treatment, or drug court program approval, and participation in a mandatory alcohol screening program. A probationary period of two to five years.
- Aggravated DWI/DUI Third Offense: Mandatory minimum jail sentence of 90 days up to 364 days, a mandatory minimum fine of $750 up to $1,000, a minimum community service sentence of 96 hours, ignition interlock device (IID) installation for three years, 28 days of inpatient substance abuse treatment, 90 days of outpatient treatment, or drug court program approval, and participation in a mandatory drug or alcohol program. A probationary period of three to five years.
- Aggravated DWI/DUI Fourth Offense (Felony): A mandatory minimum jail sentence of 6 months up to 18 months imprisonment, ignition interlock device (IID) installation for life, participation in mandatory alcohol screening and treatment.
- Aggravated DWI/DUI Fifth Offense (Felony): A mandatory minimum 1-year jail sentence of up to two years in prison, ignition interlock device (IID) installation for life, mandatory alcohol screening, and treatment.
- Aggravated DWI/DUI Sixth Offense (Felony): A mandatory minimum of 18 months in prison with up to 30 months imprisonment, ignition interlock device (IID) installation for life, and participation in a mandatory alcohol screening and treatment.
- Aggravated DWI/DUI Seventh Offense (Third Degree Felony): A mandatory minimum two years in prison and up to three years imprisonment, ignition interlock device (IID) installation for life, participation in a mandatory alcohol screening and treatment.
- Aggravated DWI/DUI Eighth or Subsequent Offense (Second Degree Felony): A Mandatory minimum of ten years in prison up to twelve years imprisonment, ignition interlock device (IID) installation for life, participation in a mandatory drug or alcohol screening program, and receiving substance abuse counseling while in custody.
It is frightening to look at the possibilities of an aggravated DWI/DUI conviction. However, the prosecutor assigned to your case must prove their allegations beyond a reasonable doubt. There are many factors when it comes to the assessment and defensibility of an aggravated DWI charge. Considering only the standardizations and intricacies involved, speak with a criminal defense lawyer with experience defending against aggravated DWI/DUI charges.
Discuss Your Charges With an Aggressive DWI/DUI Lawyer
DWI/DUI charges in New Mexico are highly defensible. While every case is different, the criminal defense team at Grano Law Offices, P.C. has a strong track record of successfully protecting our client’s legal rights.
Meet Our Founder and Lead Defense Attorney
Our founder and lead criminal defense lawyer, Marc A. Grano, is highly trained in defending your charges while understanding them from multiple angles. He is certified by the National Highway Traffic Safety Administration (NHTSA) to conduct Standardized Field Sobriety Tests and DUI investigations. Marc is also the New Mexico State Representative for the National College for DUI Defense and proudly represents New Mexico as the State Ambassador for the American Association of Premier DUI Attorneys (AAPDA).
Find Out What He Thinks of Your Situation
Grano Law Offices, P.C. has helped thousands of people regain their freedom. We invite you to contact our office at no cost so you can start putting together your game plan for defending against the penalties of an aggravated DWI/DUI conviction.
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Schedule your Free Case Strategy Session with an award-winning aggravated DWI/DUI lawyer at (505) 426-8711 now. Feel free to message us confidentially via the contact form below.
Grano Law Offices, P.C. serves Northern and Central New Mexico, including Las Vegas, Raton, Mora, Española, Taos, Santa Rosa, Santa Fe, Bernalillo, Rio Rancho, and all surrounding areas.
