An Overview Of DWI/DUI

Drunk driving is one of the most prosecuted offenses in New Mexico. If you’re facing charges of driving while intoxicated (DWI), it’s crucial to consult an experienced DWI attorney as soon as possible. Navigating DWI charges without proper legal representation, or with an inexperienced attorney, can lead to serious consequences. Our team has successfully managed numerous DWI cases across New Mexico. We will thoroughly review your case and develop a strong legal defense. If a plea is necessary, we will negotiate the most advantageous terms for you. It’s essential to be cautious about accepting the first plea deal offered by the State, as often a more favorable agreement can be reached once we assess the case and highlight any weaknesses to the prosecution. Understanding the difference between a straightforward DUI plea and one with tailored recommendations can significantly reduce your financial penalties. Let us help you secure the best possible outcome.

In New Mexico, it is illegal to drive a vehicle if alcohol or drugs impair your ability to operate it safely. Given the significant dangers posed by drunk drivers to passengers, pedestrians, and other motorists, the state has enacted strict DWI laws.

For example, unlike many other states, a first-time DUI conviction—regardless of whether it is deferred—mandates the installation of an interlock device in any vehicle you drive for one year. This requirement even applies to test drives at car dealerships.

Because the legal framework surrounding DWI charges is not favorable to defendants, having an attorney to assert your rights and present your defense in court is crucial.

NEW MEXICO DWI SENTENCING GUIDELINES

In New Mexico, the circumstances of each case, the evidence presented, and established sentencing guidelines all influence the potential punishment determined by the judge. Factors such as the number of prior convictions, whether anyone was physically harmed during the incident, and the driver’s blood alcohol level play significant roles in determining the length and severity of a sentence.

We will thoroughly explain all possible outcomes and discuss in detail our strategy to challenge every aspect of the prosecutor’s case, aiming for the most favorable sentence possible.

DWI convictions often carry long-term collateral consequences that individuals must take seriously. A DUI conviction can significantly hinder future employment opportunities. Additionally, having your driver’s license revoked poses a major challenge, especially if driving is your primary mode of transportation and essential for maintaining your job.

The financial repercussions can also be substantial, including hefty fines, court fees, counseling costs, and expenses related to the ignition interlock device. Understanding these potential consequences is crucial for anyone facing DWI charges

A charge of DWI will be enhanced to an aggravated DWI under the following circumstances:

An aggravated DWI charge significantly increases the potential penalties imposed by the court following a conviction or plea, often resulting in mandatory incarceration. For instance, while a first offense DWI typically carries no mandatory jail time, a first offense aggravated DWI requires a minimum of 48 hours of incarceration.

Additionally, an aggravated DWI charge based on refusal to submit to a breath test will extend your license revocation period from 6 months to one year in an MVD proceeding. However, aggravated charges related to breath test results or injuries do not currently increase the license revocation period in MVD proceedings.