Driving with a blood alcohol concentration (BAC) of .08 percent or higher is a crime in New Mexico, regardless of whether your driving was affected or not. These crimes carry heavy penalties, and certain situations can result in a felony conviction. Get the legal help you deserve by hiring a DWI/DUI defense lawyer in Las Vegas, New Mexico.
New Mexico is one of the strictest states when it comes to penalties for driving while intoxicated. If you have been charged with DWI in New Mexico, the law gives you ONLY TEN (10) DAYS to demand a hearing with the New Mexico Department of Motor Vehicles to fight to save your driver’s license after an arrest.
Free Case Strategy Session with Grano Law Offices, P.C.
Drunk driving is one of the most prosecuted crimes in New Mexico, and if you are charged with driving while intoxicated, contact DWI/DUI defense attorney, Marc A. Grano, for a FREE CASE STRATEGY SESSION as soon as possible. Request yours now by messaging my office here or by calling (505) 426-8711.
Police Begin Investigating You for DWI/DUI Violations Immediately
A DWI investigation starts from the point an officer first sees a vehicle. There are several steps involved with the investigation, including your driving, your response to the officer’s lights or sirens, how you pull over, the initial contact with the officer, and how you respond to his or her DWI interrogation techniques.
The Field Sobriety Test
If you are pulled over for a suspected DWI in New Mexico, you will likely be subjected to the field sobriety tests and potentially ask you to take a breathalyzer test. Under some circumstances, the officer may obtain a search warrant for your blood. You also have a right to have an independent test conducted.
Your Driver’s License
For purposes of the Department of Motor Vehicles hearing, if you refuse a breathalyzer test, your license MAY be suspended for various periods based on multiple factors, including the number of previous DWI adjudications. Because driving is considered a privilege, not a right, you agree to specific requirements of having a license if you are pulled over for a DWI, including mandatory breath tests. A refusal to test may be analyzed very differently when it comes to the assessment of your DWI criminal case.
Hire a DWI Lawyer in Las Vegas, New Mexico to Conduct an Independent Investigation
Remember that you are innocent until proven guilty, even though it may seem otherwise. Your DWI/DUI lawyer in Las Vegas, New Mexico will review the circumstances of your arrest and the results of your blood and breathalyzer tests. Whether or not the police made a mistake, we can help you fight a DWI charge.
Schedule Your Free Case Strategy Session
At Grano Law Offices, P.C., we understand that bad things happen to good people. Get the help you want today with a Free, No-Obligation Case Evaluation by calling (505) 426-8711. We look forward to hearing from you.
DWI/DUI Penalties After a Conviction
Since New Mexico takes a tough stance against DWI/DUI convictions, the consequences and penalties are steep. However, it is also essential to be aware that you have the right to defend your charges. DUIs are standardized uniformly throughout the United States, and any officer deviations away from these standards allow you to push back against the prosecutor’s case against you.
First DWI/DUI Conviction Penalties
Misdemeanor first offense penalties include a $500 fine, up to 90 days in jail, and your license will be suspended until you install an ignition interlock device that works like a breathalyzer in your car. This needs to be installed at your expense. You will also need to complete community service, attend education programs, individualized therapy, and classes.
Second or Third DWI/DUI Conviction Penalties
Misdemeanor second and third offenses carry additional mandatory jail time, more extensive sentences, larger community service requirements, more considerable mandatory fines, potential in-patient treatment, significantly larger time requirements for installing the ignition interlock, significantly increased probation requirements, and probationary sentences.
Fourth or Subsequent DWI/DUI Conviction Penalties
A fourth DWI offense in New Mexico is a felony charge. Every DWI beyond the fourth is also considered to be a felony. Felony charges carry a SIGNIFICANT MANDATORY minimum and maximum sentence followed by strict felony probation conditions, monitored by a New Mexico Department of Corrections Probation and Parole Officer.
All DWI convictions remain on your record indefinitely. If you are charged, contact DWI/DUI defense lawyer, Marc A. Grano, so that we can review your case and help you decide the best steps to take. Our legal team will help you understand your situation and what steps you can take toward a brighter future.
Get DWI Lawyer in Las Vegas, New Mexico to Defend Your Case
The effective defense of a DWI/DUI arrest is specialized, complex, and detailed. I am certified by the National Traffic Safety Administration (NHTSA) to conduct the Standardized Field Sobriety Tests and conduct DWI/DUI investigations. I will use my knowledge and experience to provide you with the best defense possible.
Legal Help Is a Phone Call Away
FAQs: DWI/DUI Defense
Do you have general questions about DUI/DWI defense in New
Mexico? The Grano Law Offices, P.C. legal team is ready to help.
Below, we have answered some of the most commonly asked
questions by people from northern and central NM:
Yes, a DUI/DWI can be dismissed in New Mexico. It is possible to get a DWI case dismissed. Having said that, it is not possible for every DWI case to be dismissed. Reviewing the prosecutor’s evidence, conducting a thorough defense investigation, a substantiated constitutional violation, faulty DWI investigations, discovery violations or other issues may lead to a dismissal.
Click here to learn more about getting a DWI/DUI dismissed in New Mexico.
There is no one-size-fits-all approach to beating a DUI in New Mexico, nor is there any guarantee of that happening, even if you work with a top-rated, highly experienced private criminal defense firm. However, DUI/DWI charges are standardized throughout the entire country, and mistakes on the officer’s part could become your case exonerating defense.
Your first DWI/DUI in New Mexico will proceed like most criminal cases. You will face the criminal court system, demand and review discovery, conduct a thorough defense investigation, conduct witness interviews, file any needed motions and potentially end up in trial. However, DWI charges also involve separate MVD license revocation hearings to defend your right to drive as well. This contrasts with other types of charges.
If convicted of a first-time DWI/DUI, you could face up to 90 days in jail and $500 in fines. Mandatory penalties include the installation of an IID for one year, DWI school, alcohol screening and compliance with recommendations, 24 hours of community service, addiction treatment (if recommended), and a driver’s license revocation.
Click here to learn more about DWI/DUI-related penalties in New Mexico.
If you refuse a DWI/DUI breath test in New Mexico, your choice may trigger additional criminal penalties and increased administrative license revocation penalties. Under NMSA § 66-8-111, your driver’s license may be revoked for up to one year since refusing a breath or blood sample is in violation of New Mexico’s Implied Consent Act. The Act, in part, states that all drivers arrested for DWI shall submit to a chemical test upon request of a law enforcement officer.
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A DUI/DWI conviction stays on your record for up to 55 years in N.M. You cannot get a DUI/DWI conviction expunged, even under the new 2020 expungement rules. If you or a loved one faces DWI/DUI charges in New Mexico, you should know that the charges are defensible in court.
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If you need more personalized legal advice, the Las Vegas, New Mexico DUI/DWI defense lawyer at Grano Law Offices, P.C. can help. We offer prospective clients a Free Case Strategy Session at (505) 426-8711 or via our contact form below. It is your chance to learn more about what we think of your charges at no cost or obligation to you or concerned family members.
