Laws Related To DWI Defense

Las Cruces, New Mexico DWI/DUI Attorney

Being arrested for DWI or DUI is a traumatic experience which brings us feelings of humiliation, confusion and fear, to say the least. This serious crime can have a lasting impact a person’s life, affecting family and finances as well. Immediate responsibility and careful consideration for defense options must be taken.


There are different categories of punishment for DWI and DUI in New Mexico, which include administrative suspension and criminal conviction. The offices of Gerry Montrose Attorney at Law will be able to help you define these categories.

Administrative Suspension: A person has only 10 days to file for an Administrative Hearing with the Department of Revenue. Failure to comply will result in the loss of your license even when cleared of any criminal charges.

Criminal Conviction: Criminal charges are issued by the jurisdiction in which you were arrested. Depending on the circumstances, the possible results of a conviction range from damaging points on your driver’s license, fines, and jail time.

With your future at stake, you must hire the best representation to implement your constitutional rights. A conviction will not only lead to fines, loss of your license, jail time, and a tarnished reputation but also increased insurance premiums.

The Time to Act is Now!

A case is pending against you. You must review your options for your representation quickly. The decision you make will have an impact on the outcome of your case for the rest of your life. We encourage meeting with you face-to-face to discuss your situation and representation.

When you select Gerard Montrose Attorney at Law, your case will have the benefits and advantages of our considerable experience and resources. The sooner we can review your case, the faster we can develop a strategy for the best possible outcome.

Make the right decision about your representation and contact us today. Meet us for a free consultation and put your future in the right hands.

Please click here to see the penalties received for DUI offenses.

Get your questions answered - call us for your free, 20 min phone consultation (575) 589-1055


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).

Get your questions answered - call us for your free, 20 min phone consultation (575) 589-1055