The stakes become higher when facing a second DWI charge in NM. You will face prosecution, and if convicted, mandatory minimum penalties and increased potential penalties that include mandatory jail time, mandatory fines, mandatory probation, treatment, and much more. However, you are innocent until proven guilty by a judge or jury; speak with an attorney to help you determine what defenses could be viable for your specific situation.
Our highly trained and experienced DWI attorney, Marc A. Grano, explains relevant state laws, what happens if you get a second DWI charge in NM, mandatory minimum and potential maximum penalties, and what to do after an arrest. Grano Law Offices, P.C. wrote this post for people facing their second DWI offense and their concerned loved ones.
Laws Defining a Second DWI Charge in NM
For the most part, apart from related sentencing guidelines and procedural rules, New Mexico’s statutes address the definition and penalties associated with a second offense DWI under NMSA § 66-8-802. However, to understand what a second DWI (or DUI) entails, it is worth breaking down the general legal definition of the offense (without all the statutory legalese attached, of course).
The previously mentioned statute defines driving under the influence of intoxicating liquor or drugs as operating a motor vehicle in four ways within the state:
- Definition one: Under the influence of intoxicating liquor in general
- Definition two: Under the influence of any drug that prevents you from operating it safely
- Definition three: Having a blood alcohol content (BAC) of .08 percent or higher in your blood or breath within three hours of and when consumed before or while driving
- Definition four: Having a BAC of .04 percent or higher in your blood or breath within three hours of and when consumed before or while driving a commercial motor vehicle (CMV)
The definition of a second DWI charge in NM is when prosecutors accuse you of committing any of the above-referenced offenses after being convicted of a DWI previously. The State of New Mexico treats a second DWI conviction more seriously since increased penalties for repeat offenses can act as a future deterrent and promote public safety. A DWI 1st offense is a Special Petty Misdemeanor, while a DWI second offense increases to a full misdemeanor.
What Is a Misdemeanor?
Second DWI Charge in NM Conviction Penalties
The penalties for a 2nd DWI conviction in NM are noticeably more severe. From increased jail time to additional fines and probation, consider the impact that a second conviction could have on your life. After reviewing the potential and mandatory penalties, putting up the fight for your life could make the difference between being remanded to jail or walking away from your charges as a free man or woman.
The following potential and mandatory penalties apply to a 2nd DWI conviction in NM:
- Imprisonment: For a period of at least 96 consecutive hours (four days), but not more than 364 days
- Fines: A mandatory minimum $500, but not more than $1,000
- Probation: Not more than five years
- Community service: Not less than 48 hours
- Additional imprisonment: Not less than seven consecutive days in jail for failing to comply with court-ordered community service, screening programs, or treatment programs
- Loss of driving privileges: Mandatory revocation of your driving privileges. (An individual may operate a motor vehicle with an Ignition Interlock Device and an Ignition Interlock Driver’s License.)
- Drug and alcohol abuse screening: Complete a state mandated Drug and Alcohol Assessment and comply with all treatment recommendations.
- Substance abuse treatment program: Not less than 28 days of in-patient, residential, or in-custody treatment, or not less than 90 days of outpatient treatment, or a court-approved drug program, or any other court-approved program; the court could also order you to pay for this program out-of-pocket
- Ignition interlock device (IID) installation: Pay for the installation of an IID on your motor vehicle for two years
- Driving record: A conviction will appear on your New Mexico driving record for up to 55 years
Collateral consequences are also very real possibilities. These penalties are not court-imposed; instead, they could create other issues long after paying fines, serving jail time, and getting off probation.
While a second DWI charge in NM won’t “ruin your life,” there are personal and professional stigmas associated with a second DUI conviction that could prevent you from getting your dream job, renting a better apartment, getting more favorable child custody terms from family court judges and, if applicable, have immigration consequences.
A Second DWI Charge in NM Could Become Your Third
Even if your second DWI conviction occurred in another state, New Mexico will count it against future convictions, if any. For example, if you got your first DWI conviction in New Mexico, and then got another conviction in Colorado, New Mexico will count a second DWI arrest as a third offense since the second one occurred out of state. Essentially, you would face third-offense penalties even though it is only your second DWI occurring within the state.
What to Do After a 2nd DWI Arrest in NM
Every case is unique. However, there are a few steps you can take in general, and shortly after your arrest, to safeguard your defense as much as possible. Regardless, you should only follow and act upon the legal advice of a licensed attorney within the State of New Mexico.
Here are the three steps you can take to start protecting your case NOW:
- Step one: Schedule a meeting with a DWI defense attorney in NM to determine your legal options and if the particular attorney seems right for your case
- Step two: Demand your Motor Vehicle Division (MVD) license revocation hearing WITHIN TEN (10) DAYS OF YOUR ARREST IF YOU WANT TO FIGHT TO PROTECT YOUR DRIVING PRIVILEGES after getting a second DWI charge in NM
- Step Three: Comply with all local, county, state, and federal laws always, and speak with your attorney if you have any questions about how other legal issues could affect your situation when asked about them
