Getting arrested for DWI under the age of 21 can be unsettling and stressful, often marking a young person’s first experience with the legal system. The sooner you consult an attorney, the better your chances of achieving a favorable outcome for your case.

New Mexico DWI Laws for Drivers under 21

In New Mexico, driving while intoxicated with alcohol or drugs is illegal at any age. For drivers under 21, a blood alcohol level of .02 or higher classifies them as legally intoxicated. Once a person in this age group exceeds the legal limit, it is presumed they cannot drive safely, posing a risk to others on the road.

Penalties for DWI under 21 in New Mexico

New Mexico treats drunk driving offenses seriously. A conviction for DWI may lead to ongoing supervision by law enforcement, license suspension, and substantial fines. Potential penalties for DWI under 21 include:

Understanding these laws and penalties is crucial for anyone facing DWI charges under 21.

It is important to understand that administrative consequences are completely different than criminal consequences in your DWI case. Criminal penalties relate only to the criminal case that you have pending in the New Mexico courts, and may also result in a revocation of your driver’s license. However, administrative consequences, which typically include a period of license revocation and an ignition interlock license, are completely separate from, and in addition to your criminal penalties.

You can consult the table below to determine what the possible administrative consequences of your DWI case may be. However, because DWI laws are constantly changing, you should always consult Montrose Law to discuss the consequences of your case.

Even though many people are understandably upset and stressed about being arrested for DWI, those emotional states can hinder the ability to think clearly. As a result, they may fall victim to committing common mistakes. Montrose Law always wants New Mexico residents to be informed of their rights and doesn’t want them to do anything that would jeopardize their cases. It is important to highlight some of the common mistakes we’ve often seen people make when they are arrested and charged with DWI.

Speaking to Police Officers Without an Attorney Present

When you are arrested for DWI, you have the right to refuse to speak with the officer or to perform field sobriety tests. It is wise to speak with an attorney as soon as possible. If you don’t have your own attorney, one can be appointed to you. Talking to the police officer without getting advice from an attorney first could be detrimental to your case.

Refusal to Take a Breath or Blood Test

Based on New Mexico’s Implied Consent Act, people driving in the state agree to be subjected to a breath or blood test. Refusing to take either of those tests can result in having your driver’s license revoked and being charged with the more serious offense of aggravated DWI. If you decide not to undergo chemical testing, you should be aware of the consequences.

Failing to Make Court Appearances

Arriving on time for all of your court dates is essential. If you forget about a court appearance or decide not to show up, the judge will probably issue a bench warrant for your arrest. Not showing proper respect to the judge and others who are part of the court proceedings gives the impression that you are not taking the criminal charges seriously. Make arrangements with your attorney to remind you of the court dates if necessary. If there is a conflict with a scheduled court date, let your attorney know as soon as possible.

Requesting an MVD Administrative Hearing

Requesting an MVD administrative hearing is your opportunity to attempt to retain your license and prevent your driving privileges from being revoked. You should hire an attorney who knows the pertinent issues to address, understand the hearings procedures, and can effectively represent your interests.