Although New Mexico passed recreational marijuana laws, it is still illegal for people to drive while under the influence of marijuana. However, marijuana DUI testing and evaluation procedures are inherently flawed. If you or a family member are arrested, it is critical to hire a marijuana DWI/DUI lawyer in Las Vegas, New Mexico at Grano Law Offices, P.C. to mount a tough case strategy.
Get a Free Case Strategy Session
Don’t go to jail for a crime the prosecutor cannot prove. Instead, give yourself every fighting chance by speaking with a New Mexico marijuana DWI/DUI lawyer at Grano Law Offices, P.C. Learn more about your options with a Free Case Strategy Session at (505) 426-8711 or send Marc Grano a completely confidential message here.
Defending Your Charges to Avoid Severe Consequences
Marijuana DWIs carry the same consequences as an alcohol DWI. These legal consequences will also be determined by whether or not you have previously been convicted of a drugged or drunk driving offense, as well as the facts of the case. Both marijuana and alcohol DUIs contribute to the offense count.
As a marijuana DWI/DUI lawyer in New Mexico, I will mount a legal defense that seeks to get your charges dropped, reduced, or beat at a judge or jury trial.
First Time Marijuana DWI/DUI Penalties in New Mexico
First-time marijuana DUIs are classified as petty misdemeanors. Penalties associated with a first-time New Mexico marijuana DWI include:
- A maximum of ninety (90) days in jail
- (AGGRAVATED charge carries a MANDATORY MINIMUM 48 HOURS IN JAIL)
- Up to a $500.00 fine
- 24 hours of community service
- DWI School
- Alcohol screening and compliance with all recommendations
- Drivers’ license revocation
- Ignition interlock device (IID) installation
- Increased auto insurance costs
- Substance abuse treatment
- Other penalties
IMPORTANT: A DUI in New Mexico, even for a first-time conviction, stays on your record for 55 YEARS. Fight your charges to protect your future by hiring a New Mexico marijuana DWI/DUI lawyer at Grano Law Offices, P.C. to defend and represent your case.
Second Marijuana DWI/DUI Penalties in New Mexico
Second marijuana DUIs are classified as misdemeanors. Penalties associated with a second New Mexico marijuana DWI include:
- A mandatory minimum 96 hours up to 364 days in jail
- (AGGRAVATED charge carries a MANDATORY MINIMUM 8 DAYS IN JAIL)
- Community service (48 hours minimum)
- Fines up to $1,000 ($500 mandatory)
- Alcohol screening and compliance with all recommendations
- Installation of an Ignition Interlock Device (IID)
- Mandatory jail sentence of 96 hours
- Probation for 1 to 5 years
- Other penalties
Third Marijuana DWI/DUI Penalties in New Mexico
Third marijuana DUIs are classified as misdemeanors. Penalties associated with a third New Mexico marijuana DWI include:
- Mandatory minimum 30 days in jail up to 364 days in jail
- (AGGRAVATED charge carries a MANDATORY MINIMUM 90 DAYS IN JAIL)
- Fines of up to $1,000 ($750 mandatory)
- Installation of an IID
- Mandatory 96 hours of community service
- Probation between one and five years
- Installation of an Ignition Interlock Device (IID)
- Alcohol screening and compliance with all recommendations
- Substance abuse treatment
- Other penalties
Fourth or Subsequent Marijuana DWI/DUI Penalties in New Mexico
Fourth or subsequent marijuana DUIs are classified as felonies. Consequently, the penalties for a conviction are far more severe, including:
- 4th conviction: Mandatory minimum of six (6) months imprisonment and a maximum of eighteen (18) months
- 5th conviction: Mandatory one (1) year of imprisonment with a maximum of two (2) years
- 6th conviction: Mandatory eighteen months of imprisonment with a maximum of thirty (30) months
- 7th conviction: Mandatory minimum of two (2) years imprisonment with a three (3) year maximum
- 8th conviction or more: Mandatory ten (10) years imprisonment with a twelve (12) year maximum
You will also incur other penalties if convicted, including community service, substance abuse treatment, drug and alcohol monitoring, fines, loss of your drivers’ license, and much more. The criminal justice system is not perfect, but you can at least ensure that the process is fair. Hire a New Mexico marijuana DUI lawyer to investigate the evidence against you and challenge the prosecutor’s theory.
DON’T GIVE UP – FIGHT YOUR CHARGE —CALL GRANO LAW OFFICES, P.C. TODAY
Marijuana DWI Sobriety Tests Are Flawed
A marijuana DUI investigation is similar to one involving alcohol. A traffic violation, such as driving too slowly, failing to obey traffic signals, or swerving, will lead to the officer stopping the driver. They are already looking for signs of impairment and marijuana-related items in plain sight at this point.
Field Sobriety Tests
If they believe that you are driving high or drunk, they can administer a field sobriety test. They will use this test in an attempt to determine your impairment.
Drug Recognition Experts (DREs)
In some cases, and when available the officer may call upon a drug recognition expert (DRE) to evaluate your impairment levels further. I have advanced-level training in the analysis of cases involving DREs and will put my knowledge to work for you or your loved one. If there is a weakness in their investigation, I will find it and raise the issue in court or with the prosecutor’s office.
Blood Tests
A blood test may reveal whether you have marijuana in your system. If your blood contains THC, this may be used as evidence against you in court. There are specific items that are looked for when reviewing blood tests and simply having marijuana in your blood may not equate to evidence of impairment. A marijuana DWI/DUI Lawyer in New Mexico at Grano Law Offices, P.C. will meticulously and aggressively review and challenge every piece of evidence.
These Tests Are Not Always Accurate
You may have heard before that DWI/DUI tests are not perfect. They can lead to false positives and evaluator bias. DWI/DUI evaluations are standardized uniformly throughout New Mexico and the rest of the United States; a single deviation away from these standards can result in your wrongful arrest.
Further, some health conditions and injuries can cause erroneous results. Arrestees rarely know all of the facts of their case and may require the investigative resources available to a marijuana DWI/DUI Lawyer in New Mexico. Grano Law Offices, P.C. can meet any challenge that your case faces.
