Drunk driving is one of the most prosecuted crimes in New Mexico, and if you are charged with driving while intoxicated, you should speak with an experienced DWI attorney as soon as possible. Trying to handle DWI charges without an attorney, or even with an inexperienced attorney, can have devastating results. We have successfully handled many DWI cases throughout the state of New Mexico. We can carefully review each case and craft a strong legal defense or if a plea is necessary negotiate one most beneficial to you. You must be very careful not to accept the first plea offered by the State. Many times a better plea can be negotiated after counsel reviews the case and if necessary point out the case weaknesses to the State. A difference between a simple DUI plea with or without a different recommendation could save a substantial amount of money in fine assessments.

An Overview Of DWI/DUI

DRIVING WHILE INTOXICATED IN NEW MEXICO

In New Mexico, it is illegal to drive a vehicle if the consumption of alcohol or drugs prevents a person from safely operating that vehicle. Due to the danger a drunk driver poses to passengers in the vehicle, to pedestrians, and other drivers, New Mexico has imposed very strict laws with regarding to DWI. For instances, unlike many states a first time conviction for DUI regardless if deferred or not will result in a one year mandatory interlock being installed on any vehicle you drive, even a test drive at a car dealership. Because the rules and legal procedures related to DWI charge do not favor defendants, it is important to have an attorney asserting your rights and presenting your defense in court.

NEW MEXICO DWI SENTENCING GUIDELINES

The circumstances of each case, the evidence, and established sentencing guidelines all play a factor in any potential punishment issued by the court in New Mexico – the judge. The length and severity of a sentence is affected by the number of prior convictions on the driver’s record, whether or not someone was physically harmed during the drunk driving incident, and the driver’s blood alcohol level. We will explain all of the possible outcomes to you and discuss in great detail how we will combat every aspect of the prosecutor’s case in order to receive a favorable sentence of the case.

CONSEQUENCES OF DWI CONVICTION

There are usually long term collateral consequences for DWI convictions. Individuals facing DWI charges need to appreciate how serious the consequences of a conviction could be. Having a conviction for DUI could impede future employment opportunities. Getting your driver’s license revoked is a major problem if driving a car is the primary form of transportation and is required for continued employment. Financial repercussions include thins such as payment of substantial fines, court fees, fees for counseling and the ignition interlock.

AGGRAVATED DWI DEFENSE

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

The effect of an aggravated DWI charge is that it enhances the potential penalty that the court may impose after a conviction or plea, and typically involves a period of mandatory incarceration. For example, while a straight DWI first offense carries no mandatory jail time, a first offense aggravated charge carries a mandatory 48 hours incarceration.

An aggravated DWI based upon a refusal will also increase your period of license revocation in an MVD proceeding from 6 months to one year. At this time, an aggravated charged based upon breath score or injuries do not increase your period of revocation in the MVD proceedings.

• DWI Defense FAQ’s
• Alcohol Crimes Justia.com FAQ’s