Penalties for a first-time DUI in New Mexico might include up to 90 days in jail and $500 in fines after conviction. However, a conviction carries mandatory minimum penalties, including an ignition interlock device (IID) installation, DUI/DWI school, alcohol screening and compliance, community service, and driver’s license revocation. Criminal penalties also increase if your case involves aggravating factors.
Santa Fe County DUI defense attorney, Marc A. Grano, details New Mexico’s penalties for first-time DUI convictions, how aggravating factors affect penalties, and shares tips for protecting your case. Grano Law Offices, P.C. wrote this post to help good people facing DWI/DUI accusations or their concerned loved ones to help them understand the issues they face in general.
Possible Penalties for a First-Time DUI Offense
Misdemeanor DUI penalties can vary significantly based on your case’s specific facts and circumstances. Even seemingly similar cases can have vastly different outcomes than your own experience. A single fact or piece of evidence can alter the entire trajectory of your DUI case.
Per NMSA § 66-8-102, a first DWI offense can result in up to 90 days of jail time and a maximum fine of $500. Additionally, you may face a suspension of your driver’s license and the requirement to install an ignition interlock device (IID) on your vehicle. However, apart from the mandatory minimum requirements, there is the possibility of deferring or suspending the sentence, meaning you may not have to serve jail time if you comply with the one-year probationary period.
Mandatory Penalties for a DUI First Offense Include:
- Installation of an IID for one year
- Completion of a DWI school
- Mandatory alcohol screening and compliance with recommendations
- 24 hours of community service
- Driver’s license revocation
- A probationary period
How Does an Aggravated DUI/DWI in New Mexico Affect First-Time Charges?
The term “aggravated” signifies that the alleged actions have intensified the severity or guilt of a criminal act. Aggravated DUI charges may be applicable under the following circumstances:
- Scenario 1: Your blood alcohol content (BAC) was 0.16% or higher
- Scenario 2: You caused bodily harm to another person
- Scenario 3: You violated the Implied Consent Act
Penalties for a FIRST-TIME Aggravated DUI in New Mexico include a mandatory 48 consecutive hours incarceration. It’s essential to note that aggravated penalties only apply if convicted of aggravated DUI. It is advisable to seek the assistance of a Santa Fe County criminal defense lawyer as soon as possible to help prevent such a situation from arising in the first place.
Options for Defending a First-Time DUI/DWI
You have options for defending your case with the help of a knowledgeable and experienced lawyer. There are several types of DUI defenses, such as challenging probable cause for the traffic stop, disputing the accuracy of field sobriety or breathalyzer tests, or questioning the training and qualifications of the officer who made the arrest.
It is crucial to work with a DWI/DUI lawyer who understands the complexities of New Mexico’s legal system, including the strict penalties for first-time DUIs in Santa Fe and beyond. Don’t hesitate to seek legal guidance and protect your rights.
What to Do When Charged with a DWI in Santa Fe County
A first-time DUI/DWI charge in New Mexico will not ruin your life, but it can have serious consequences. A conviction carries mandatory minimum penalties that can impact your civil liberties. Understanding your rights and building a formidable defense against any allegations thrown at you is essential.
Get Your Free Case Strategy Session With an Experienced Santa Fe County DUI Lawyer
An experienced attorney like Marc A. Grano could make all the difference in the outcome of your case. If you or someone you care about is facing a new DWI/DUI accusation in Santa Fe County, contact Grano Law Offices P.C., for a free case strategy session to discuss your options at (505) 426-8711. You Can also message us privately via the secure contact form below.
