An aggravated DUI/DWI in New Mexico may be charged when a person operates a motor vehicle and: has a BAC at or above 0.16%, exceed the legal blood alcohol content (BAC) limit while operating a motor vehicle and cause painful temporary disfigurement loss or impairment to another, or are under the influence and refuse to submit to chemical testing. Penalties for an aggravated first DUI/DWI conviction include a mandatory 48 hours in jail, up to $500 in fines, one year of probation, DWI school, 24 hours of community service, screening/assessment and compliance with recommendations and meet other court-ordered requirements.
New Mexico DUI/DWI defense attorney, Marc A. Grano, discusses the different types of aggravated DUI/DWI charges, statewide statistics, and potential conviction penalties. Grano Law Offices, P.C. wrote this post for people arrested for an aggravated DUI/DWI or their concerned family members.
Types of Aggravated DUI/DWI Offenses in New Mexico
A DWI charge may be enhanced to an Aggravated DWI charge when additional elements are alleged. The following three types of additional acts will upgrade a standard DUI/DWI to an aggravated charge:
- Type 1. Excessive Consumption: Driving a vehicle with a BAC of 0.16% or higher within three hours of operation
- Type 2. Third-Party Personal Injury: Causing bodily injury to a human being when operating a motor vehicle with a BAC of 0.08% or higher
- Type 3. Implied Consent Violation: Refusing to submit to chemical testing under the Implied Consent Act per 66-8-107 and with evidence of intoxication
New Mexico, like many states, recognizes the offense of aggravated DUI/DWI as a deterrent for new and repeated criminal activity. However, you should only face a conviction if prosecutors have proven their charges beyond a reasonable doubt. Otherwise, the state should not get a conviction against you or your family member.
Statewide Aggravated DUI/DWI Arrest Statistics
The New Mexico Department of Transportation (NMDoT) annually issues an annual DUI/DWI report. It includes statewide data on DUI/DWI enforcement, including arrests, convictions, dispositions, and BAC levels. This information helps you understand where your case falls on the spectrum of severity and commonality.
Here are a few relevant highlights from the 2020 NMDoT DWI Report:
- About 15% of all arrests occur in northern and central New Mexico, including San Miguel (1.6%), Taos (1.2%), Mora (0.40%), Colfax (0.70%), Santa Fe (7.6%), Rio Arriba (1.9%), Los Alamos (0.40%), Guadalupe (0.40%), Torrance (0.40%), Harding (0.00%), Quay (0.20%), and Union (0.10%) counties.
- Over 50% of DUI/DWI arrests occur between the ages of 20 and 34
- DUI/DWUI arrests fell by around 20% in 2020
- 30.3% of drivers refused to provide a breath sample
- Over 30% of those arrested provided a breath sample of 0.16% or higher
New Mexico Aggravated DUI/DWI Penalties
Each type of aggravated DUI/DWI violation also follows enhanced sentencing guidelines. Potential penalties for a conviction include mandatory jail sentences and minimum fines, driving limitations, community service, and education. Depending upon the number of prior convictions, the state could charge you with a misdemeanor or a felony.
Below, we have outlined the potential penalties associated with aggravated DUI/DWI charges, including:
Misdemeanor Aggravated DUI/DWI Penalties
New Mexico imposes the following penalties when convicted of a misdemeanor aggravated DUI/DWI:
- First Conviction: Mandatory minimum 48 consecutive hours in jail with a maximum 90-day sentence, up to $500 in fines, revocation of driving privileges, mandatory ignition interlock device (IID) installation for one year, DUI/DWI school, alcohol/drug screenings and compliance with treatment recommendations, 24 hours of community service, and other penalties.
- Second Conviction: Mandatory minimum of 8 days in jail with a maximum 364-day sentence, mandatory $500 fine with a $1,000 maximum, up to five years of probation, revocation of driving privileges, mandatory ignition interlock device (IID) installation for two years, alcohol/drug screenings and compliance with treatment recommendations, a minimum of 48 hours of community service, and other penalties.
- Third Conviction: Mandatory minimum of 90 days in jail with a maximum 364-day sentence, mandatory $750 fine with a $1,000 maximum, up to five years of probation, mandatory revocation of driving privileges, mandatory ignition interlock device (IID) installation for three years, alcohol/drug screenings and compliance with treatment recommendations, a minimum of 96 hours of community service, and other penalties.
Felony Aggravated DUI/DWI Penalties
New Mexico does not impose additional penalties for an Aggravated felony DWI Charge versus a standard DWI felony charge. New Mexico imposes the following penalties if convicted of a felony aggravated DUI/DWI:
- Fourth Conviction (Fourth-Degree Felony): Mandatory minimum of six months imprisonment and a maximum sentence of 18 with probation, up to $5,000 in fines, mandatory treatment, screening and assessment, Ignition Interlock for life, DNA collection, and probation and parole monitoring upon release
- Fifth Conviction (Fourth-Degree Felony): Mandatory one year of imprisonment with a maximum of two years, up to $5,000 in fines, mandatory treatment, screening and assessment, Ignition Interlock for life, DNA collection, and probation and parole monitoring upon release
- Sixth Conviction (Third-Degree Felony): Mandatory eighteen months of imprisonment with a maximum of thirty months, up to $5,000 in fines, mandatory treatment, screening and assessment, Ignition Interlock for life, DNA collection, and probation and parole monitoring upon release
- Seventh Conviction (Third-Degree Felony): Mandatory minimum of two years imprisonment with a maximum of three years, up to $5,000 in fines, mandatory treatment, screening and assessment, Ignition Interlock for life, DNA collection, and probation and parole monitoring upon release
- Eighth or Subsequent Conviction (Second-Degree Felony): Mandatory minimum of ten years imprisonment with a maximum of twelve, up to $10,000 in fines, mandatory treatment, screening and assessment, Ignition Interlock for life, DNA collection, and probation and parole monitoring upon release
Potential penalties for an aggravated DUI/DWI in New Mexico are severe. They can also result in a significant loss of civil rights. Plus, a conviction will stay on your record for at least 55 years without the possibility of expungement and can affect your ability to find a job or obtain professional licensure.
Hire representation when mounting a serious legal defense if you or a loved one face severe DUI/DWI charges. A criminal defense firm, like Grano Law Offices, P.C. will review the facts of your case, determine your options, and execute your chosen strategy.
Getting Legal Advice After an Aggravated DUI/DWI Arrest
Grano Law Offices, P.C. defends good people arrested for unproven DUIs in northern & central New Mexico. Peers and clients recognize us for advanced training, deserved results, and a compassionate “desk-side” manner. Schedule a Free Case Strategy Session after an arrest by calling (505) 426-8711 or messaging online.
