Knowing what to expect when defending New Mexico DUI charges can seem shrouded in mystery, but here is one important thing we want you to know:
ALL Driving Under the Influence (DUI) charges in New Mexico are D.E.F.E.N.S.I.B.L.E.
Our criminal justice system owes you a due process of the law while upholding your legal rights. As such, these legal obligations offer an opportunity to challenge prosecutorial theories, police evidence, and other unfounded allegations. Your chosen strategy could make or break the possibility of achieving your legal objectives.
In terms of what to expect, the ideal outcome for many facing a possible New Mexico DUI conviction looks different for every case. Some are great candidates for being fought at a jury trial. In contrast, others may need extra support in the early stages for a dismissal or reduction. Regardless of your specific situation, the most important takeaway is understanding that you have more legal options than you may realize when defending DUI charges.
In this article, a DWI Detection & Standardized Field Sobriety Testing trained, top-rated DUI attorney, Marc A. Grano, shares legal information about what to expect when defending New Mexico DUI charges in general. Grano Law Offices, P.C. wrote this post for people accused of a DUI violation or their concerned loved ones.
What to Expect: New Mexico DUIs Involve Two Matters
Most first-time DUI charges take people by surprise. Not only are you facing criminal charges, but you will also fight a separate civil administrative matter to retain your driving privileges. While the outcome of one may or may not affect the other, avoid taking chances at limiting your legal rights and engage in a defensive strategy for both types of proceedings.
Here is an overview of both the criminal and civil administrative matters faced by you or your loved one after a New Mexico DUI arrest and what to expect:
Criminal Matter: DUI Charges
New Mexico arrests people for DUI under NMSA § 66-8-102. You will be charged if police believe you are driving under the influence of intoxicating liquor or drugs within the state. Intoxication is determined by your blood alcohol content (BAC), registering as 0.08 percent or higher. A drug recognition expert (DRE) could also be dispatched if the responding officer initially believes you are driving under the influence of non-alcoholic controlled substances, such as illicit or prescription drugs.
Your criminal case will result in one of several potential outcomes, including:
- Possible criminal outcome 1. Pre-trial case dismissals
- Possible criminal outcome 2. Varying plea agreements
- Possible criminal outcome 3. Being found not guilty by a judge or jury
- Possible criminal outcome 4. Being found guilty by a judge or jury
Achieving the more desirable or favorable criminal case outcomes will depend upon the facts and circumstances of your charges, available evidence, expert accessibility, and many other elements. Your criminal defense attorney can put together several legal strategies that challenge relevant, defensible aspects of your case, what it would take to accomplish a specific technique, and the likelihood of each approach working out in your favor.
Civil Administrative Matter: MVD License Revocation
Want to fight to retain your driving privileges after a DUI arrest in New Mexico? If so, request a Motor Vehicle Division (MVD) license revocation hearing within TEN DAYS OF ARREST. If you miss this window, you lose your driver’s license automatically.
However, once you or your MVD revocation defense attorney have successfully requested your hearing within the mandatory period, the MVD must schedule your hearing within ninety (90) days of the date of the alleged DWI. This MVD matter is separate from the DUI charges you face in criminal court. Its outcome does not influence your criminal case. However, administrative hearing evidence can be used in your criminal case.
You Have a Right to a Speedy Trial
A New Mexico DUI case usually takes three to six months to resolve. The timing of your case depends upon your specific facts and circumstances. After understanding your objectives and the desired approach, your DUI defense attorney will give you a more personalized timing assessment. Remember, however, that you have a right to a speedy trial under the Sixth Amendment of the US Constitution.
Penalties If Convicted of a New Mexico DUI
You will only face potential penalties for a DUI if convicted of the charges. As such, you can infer that being found “not guilty” will result in NO STATUTORY jail sentences and fines. However, for informational purposes, this section will assume that you were convicted of a DUI so we can show you how disruptive a conviction can be even under the most favorable circumstances.
Here is a side-by-side comparison of both extreme outcomes as well as an overview of common-case conviction penalties:
Best-Case Scenario Penalties
A best-case conviction scenario will result in no jail time or criminal fines. HOWEVER, mandatory penalties will apply, including ignition interlock device (IID) installation for one year, DUI school attendance, alcohol screening and compliance, 24 hours of community service, addiction treatment (if recommended), and a revocation of your driving privileges if convicted.
Worst-Case Scenario Penalties
A worst-case conviction scenario will include all previously mentioned mandatory penalties listed above. However, this outcome will also include maximum jail sentences and criminal fines. Under these circumstances, you would face 90 days in jail and receive a $500 fine with no deferrals. Aggravated DUI penalties will also increase in severity if convicted.
Common-Case Scenario Penalties
A common-case conviction scenario for a first-time DUI may resemble a combination of the best- and worst-case scenarios. HOWEVER, instead of sending you to jail, the judge will most likely consider suspending or deferring your sentence as long as you comply with the terms of your probation, typically for one year. They may also impose criminal fines as well.
Avoid Common Legal Mistakes After a DUI in New Mexico
Legal mistakes are dangerous since they can result in unwanted or unintended results, such as accidental self-incrimination of guilt or failure to meet procedural requirements imposed by the courts. Either of these actions will negatively affect your situation, making it critical to avoid errors altogether.
Below, review seven common mistakes to avoid after a New Mexico DUI arrest:
- Mistake #1. Speaking to police without an attorney present
- Mistake #2. Missing court hearings and compliance requirements
- Mistake #3. Not taking your DUI charges seriously (even for a first time)
- Mistake #4. Pleading guilty at any point without legal advice first
- Mistake #5. Being less than honest with your criminal defense lawyer
- Mistake #6. Failing to follow your lawyer’s legal advice and counsel
- Mistake #7. Not requesting a Motor Vehicle Division (MVD) License Revocation Hearing within the allotted TEN-DAY PERIOD AFTER AN ARREST
DO NOT make any of the above-referenced mistakes if you want to give yourself every fighting chance at a) freedom and b) a clean record. If that is your choice, we are not trying to make you feel bad about engaging in these actions. However, our legal team takes DUI defense in New Mexico very seriously. We want to ensure you understand how others have caused irreversible damage to a legal defense without even realizing it.
Take the First Step After a New Mexico DUI Arrest
Realizing how much a DUI conviction can impact your life is sobering. Not only are you facing jail time, fines, and civil rights losses, but you are at risk of acquiring a non-expungable criminal record that will last for 55 years! While a DUI conviction may not “ruin your life,” it may influence your experience in many unwanted ways, making hiring legal representation after an arrest critical.
Only you can determine if legal representation is right for you, so ensure you take the big first step toward making a sound decision.
DO NOT let prosecutors trample all over your legal rights for the sake of their winning an unfounded or unproven case. Consider the legal advice of an experienced, resourceful criminal defense firm, such as Grano Law Offices, P.C., when trying to achieve the desired outcome.
Find Out What You Could Expect With a Free Case Strategy Session
Marc A. Grano and his legal team aggressively approach DUI charges when facing a potential conviction in northern or central New Mexico. You are not obligated to hire legal counsel to defend DUI charges; however, it can be beneficial to hear how our experienced DUI defense attorney might approach the situation at no cost.
Schedule your Free Case Strategy Session by calling Grano Law Offices, P.C. at (505) 426-8711 or messaging us via our contact form below. We offer in-person, virtual, and telephone visits at no cost or obligation.
