DWI Considerations For New Mexico Drivers Under 21 Years Of Age

---

Getting arrested for DWI when you are under 21 years old can be very unsettling and stressful, very often the first time a young person has ever been arrested. The sooner you speak with an attorney, the better your chances are of receiving a favorable outcome for your case.

New Mexico DWI Laws for Drivers under 21

Driving while intoxicated with liquor or drugs is illegal at any age. Drivers under 21 years old with a blood alcohol level of .02 or higher are classified as legally drunk in the state of New Mexico. Once a person under 21 years old exceeds the legal blood alcohol limit, it is assumed the person is not able to drive the vehicle safely and poses a danger to others on the road.

Penalties for DWI under 21 in New Mexico

New Mexico takes drunk driving cases very seriously. A person under 21 years old who is convicted of DWI may face constant supervision by state law enforcement authorities, license suspension and fines. Some of the penalties for a DWI include:

• Treatment in rehabilitation program
• Community service
• Alcohol screening
• Driver’s license revoked
• Ignition interlock system installed on the vehicle once driving privileges are reinstated
• Detention for up to 15 days in detention facility if under 18 years old
• Jail time up to 90 days and $500 fine for first time offenders at least 18 years old
• Probation terms based on discretion of the court

License Consequences

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.

Common mistake made by people accused of DWI

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.