Being arrested for DWI or DUI can be a traumatic experience, leading to feelings of humiliation, confusion, and fear. This serious offense can have lasting repercussions on various aspects of your life, including your relationships and financial stability. It is crucial to take immediate responsibility and carefully consider your defense options.
Punishment
In New Mexico, there are various categories of punishment for DWI and DUI offenses, including administrative suspension and criminal conviction. The team at Gerry Montrose Attorney at Law can help you navigate these categories.
Administrative Suspension: After a DWI or DUI arrest, you have only 10 days to request an Administrative Hearing with the Department of Revenue. Failing to do so will result in the automatic loss of your license, even if you are ultimately cleared of criminal charges.
Criminal Conviction: Criminal charges are filed by the jurisdiction where the arrest occurred. Depending on the circumstances, a conviction can lead to points on your driver’s license, hefty fines, and potential jail time.
With your future on the line, it is essential to secure the best representation to uphold your constitutional rights. A conviction can result in significant penalties, including fines, license suspension, jail time, a damaged reputation, and increased insurance premiums.
The Time to Act is Now!
You have a pending case, and it’s crucial to review your representation options promptly. The decision you make will significantly impact the outcome of your case for the rest of your life. We strongly encourage a face-to-face meeting to discuss your situation and representation.
By choosing Gerard Montrose Attorney at Law, you will benefit from our extensive experience and resources. The sooner we review your case, the quicker we can develop a strategy for achieving the best possible outcome.
Make the right choice for your representation—contact us today to schedule a free consultation and secure your future with the right support.
Please click here to see the penalties received for DUI offenses.
NEW MEXICO DWI LAWS
Sometimes people are arrested for a DWI charge but don’t understand what the laws are or how they are applied. If a driver’s blood alcohol concentration exceeds a certain limit, there is the assumption that the person is unable to drive safely. If you are dealing with DWI charges, Montrose Law will protect your rights and make sure you exercise all of the legal options that will benefit your case.
Definition of DWI in New Mexico
According to NMSA 66-8-102, it is illegal for a person to drive a vehicle if he is under the influence of alcohol and/or drugs. The unlawful blood alcohol limit varies for different drivers depending on their age and whether they have a commercial driver’s license.
- Drivers younger than 21 years old cannot legally drive when their blood alcohol limit is .02 or higher
- Commercial drivers cannot operate a vehicle with a blood alcohol limit that is .04 or higher
- Drivers who are at least 21 years old cannot legally drive with a blood alcohol limit of .08 or higher
- Driving with a blood alcohol limit of .16 or higher is a more serious offense known as aggravated DWI that carries harsher penalties (including possible mandatory jail time).
Penalties for New Mexico DWI Convictions
Being convicted for violating New Mexico DWI laws can have a drastic impact on a person’s life. The conviction will be listed on the person’s criminal record and driving record. The person’s blood alcohol limit, whether someone was injured during the incident and prior convictions are all factors during sentencing.
- Up to 90 days in jail, $500 fine, and at least 24 hours of community service for first misdemeanor DWI offense
- Up to 364 days in jail, $1,000 fine, and 48 hours of community service for second misdemeanor DWI offense
- Up to 364 days in jail, $1,000 fine, and treatment in a substance abuse program for third misdemeanor DWI offense
- Up to 18 months in prison and $5,000 fine with a felony conviction for fourth time offenders. A 4th DUI in New Mexico is usually treated as a felony (the other DUI’s do not have to be in New Mexico).