New Mexico DUI Laws & Attorneys
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Unfortunately drunk driving is one of New Mexico’s most serious problems. Gov. Bill Richardson declared driving while intoxicated, “our top priority” and has encouraged zealous efforts to pass tougher and more wide-ranging DWI laws.
Some estimate that a combination of New Mexico’s DWI defense and prosecution activities almost equal the size of the state’s legendary chile industry. Although the chilies and temperature get hot In New Mexico, remember to cool it when drinking and driving or you are going to become party to the state’s rising DWI statistics.
New Mexico’s DWI ‘per se’ law states that a blood alcohol content BAC) of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘impaired’.
If you haven’t been drinking or you believe that you might have been impaired from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested and punished for a New Mexico DWI, even though you are not “legally drunk”.
You should note that you have the right to a second BAC test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your New Mexico DWI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
After being charged with a New Mexico DWI you’re going to face two adversaries: the criminal courts, and the New Mexico State Department of Taxation, Motor Vehicles Division (MVD). If your license was suspended or revoked because of a DWI, you will be offered a formal hearing. MVD hearings may be a crucial opportunity to let your New Mexico DWI defense attorney cross-examine and rebut testimony, and confront evidence offered by those involved in your arrest and investigation.
You have the right to make a request within 10 days for an administrative hearing with the MVD to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. It is possible to win your criminal case and still have your license revoked by MVD. And you can win your MVD hearing and still lose your criminal case. However, the court sentence and the MVD sentence will probably run concurrently (at the same time).
Be aware that a program called Operation DWI has been aiming at New Mexico drunk drivers. The dragnet, which has been conducted 6 times each year for a period of two weeks, consists of 75 to 100 sobriety checkpoints.
Be advised that New Mexico has an out-of-state Driver’s License Compact Agreement. This means that a New Mexico DWI conviction will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local New Mexico DWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DWI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a New Mexico DWI specialist. In any case, if you are stopped and arrested for suspicion of a New Mexico DWI, request to see a DWI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a New Mexico DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer you would rather wait until instructed by a New Mexico DWI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a New Mexico DWI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A New Mexico DWI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DWI charges and New Mexico drunk driving laws should be taken very seriously. New Mexico DWI convictions and penalties can be long lasting and severe, both in court and with the New Mexico Motor Vehicle Division, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A New Mexico DWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a New Mexico DWI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A New Mexico DWI Defense Attorney Going To Cost?
One of the biggest concerns for anyone charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a New Mexico DWI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs for court or administrative services, aside from the initial fine, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DWI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced New Mexico DWI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a New Mexico DWI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain a New Mexico drunk driving charge without an experienced New Mexico DWI lawyer.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran New Mexico DWI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the New Mexico MVD and the Criminal Courts Double Jeopardy?
Like most states, New Mexico law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. New Mexico MVD administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that New Mexico and most states have an out-of-state Driver’s License Compact Agreement, meaning that New Mexico DWI convictions will be reported to your home state which will generally take action to suspend your license.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous New Mexico administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program and have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get a Limited Driver's License?
If you refused the BAC test you are ineligible. Otherwise, individuals are eligible for a limited permit after 30 days suspension, allowing travel to work, school or alcohol treatment program.
What About Enhanced Punishments For Multiple New Mexico DWI Convictions?
Many circumstances may lead to sentence enhancements: prior DWI convictions, the presence of a child in the car, speeding, reckless driving, an elevated BAC level, and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for New Mexico multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced New Mexico DWI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Criminal Penalties –
1st New Mexico DWI Offense
2 days to 90 days maximum in jail.
$500 fine.
$200 in court costs.
Up to 1 year loss of license.
$100 License fee.
Crime Lab fee.
Community fee.
Mandatory DWI School, alcohol screening and counseling (plus fee).
Attendance at Victim’s Impact Panel.
Probation with $150 in fees.
Possible 48 hours community service.
1 year ignition interlock device on your vehicle.
Aggravated circumstances, and increased penalties, for refusing BAC test, .16% BAC or causing bodily injury or sizeable property damage.
2nd New Mexico DWI Offense
3 days to 1 year in jail.
$500 to $1,000 maximum fine.
$100 License fee.
Crime Lab fee.
Community fee.
Mandatory DWI School, alcohol screening and counseling (plus fees)..
Attend Victim’s Impact Panel.
Probation with $150 in fees.
Mandatory 48 hours community service.
Aggravated circumstances, and increased penalties, for refusing BAC test, .16% BAC or causing bodily injury or sizeable property damage.
3rd New Mexico DWI Offense
Up to 1 year in jail.
$750 to $1,000 maximum fine.
1 year to 10 years (if priors within 10 years) loss of license.
$100 License fee.
Crime Lab fee.
Community fee.
Mandatory DWI School, alcohol screening and counseling (plus fees).
Attend Victim’s Impact Panel.
Probation and $150 in fees.
Mandatory 48 hours community service.
Aggravated circumstances, and increased penalties, for refusing BAC test, .16% BAC or causing bodily injury or sizeable property damage.
4th and Subsequent New Mexico DWI Offenses
A felony with possible loss of civil rights.
6 months mandatory jail time up to18 months maximum jail time.
$5,000 fine.
1 year minimum to 10 years maximum loss of license (with priors within 10 years).
All fines and fees of above.
Mandatory DWI School and alcohol screening and counseling (plus fees).
Underage DWI
BAC of .02%.
6 months loss of license.
Aggravated DWI Circumstances
BAC16% or more.
Bodily injury.
Sizeable property damage.
Refusal of BAC test.
Refusal of BAC Test
1 year loss of license.
– New Mexico Administrative MVD Penalties –
DWI Offense
1st offense 90 days to 1 year loss of license.
2nd offense I year mandatory loss of license.
All offenders must install an ignition interlock device for 1 year.
Refusal of BAC Test
1 year loss of license and not eligible for a limited license.
Underage DWI
1st offense loss of license for 6 months.
2nd offense loss of license for 1 year. No conditional license.
Commercial Driver’s License
1 t offense 1 year disqualification.
3 year disqualification when hauling hazardous materials with DUI.
Possible lifetime disqualification for subsequent offenses.
Note: Driving on a suspended or revoked license is a serious charge and can bring up 7 days to 1 year in jail and from $300 to $1000 fine along with further loss of license.
– Disclaimer –
Only experienced New Mexico DWI attorneys should provide you with bonified legal advice concerning New Mexico DWI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited New Mexico DWI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional New Mexico DWI attorney specializing in DWI cases.
– Citations –
New Mexico Statues 66-8-102. Persons under the influence of intoxicating liquor or drugs; aggravated driving while under the influence of intoxicating liquor or drugs.
