Need information and help with a New Mexico DWI arrest?

An experienced New Mexico DWI Lawyer can make THE difference for you

After your arrest for DWI in New Mexico, you are probably nervous and even a little scared about the punishments you might face, the impact your case could have on your life. You are probably very concerned about going to jail, losing your privilege to drive, and having to install an ignition interlock device in your vehicle. You are probably worried about the effect this will have on your job and your future career, not to mention the immediate financial impact on you and your family. If you are like many who face a New Mexico DWI, you are probably surprised and overwhelmed by the complexity of the law and process.

You are entitled to be worried because you face a life-altering ordeal, the result of which can have a real and lasting impact on your future. The best things to do for yourself right now are 1) to learn everything you can about New Mexico DWIs, and 2) consult with a professional attorney who focuses on defending impaired driving cases in the local area where you arrest occurred, and where you will be prosecuted.

Select the New Mexico County where you were arrested to get help:

New Mexico DWI Punishments

Did you know that even a first offense DWI carries up to 90 days in jail, and a first time aggravated DWI carries a minimum of 2 days in jail. With each successive DWI conviction a person gets, the New Mexico DWI penalties get tougher. For example, a third DWI carries a minimum of 30 days in jail, a fifth DWI carries a minimum of a year in jail, and a seventh DWI carries a minimum of two years in jail. The first three arrests in New Mexico are typically misdemeanors, but a fourth or subsequent offense is a felony.

All New Mexico DWI convicts are subject to a penalty range, so it is impossible to know what you are exposed to without talking with an experienced DWI lawyer who regularly practices in the court in which you are charged.

New Mexico drunk driving law is a national trendsetter when it comes to punishments. Did you know that New Mexico was the first state in the US to require Ignition Interlock Devices for everybody convicted of a New Mexico DWI charge, and that the minimum period is one year?

New Mexico DWI Law and Charges

The legal limit for alcohol in New Mexico is 0.08 percent alcohol concentration. However, even if you are under this limit, you can still be charged with driving under the influence of liquor, drugs or both. If you are at or above the legal limit, it just means that the prosecutor does not have to prove that you were impaired (if they prove your alcohol level).

New Mexico has separate DWI laws for drivers of commercial vehicles, making the legal limit 0.04 percent alcohol concentration. There are also separate NM DWI laws that apply to people under 21 years of age. If you get a DWI with a child in your vehicle, you might also be charged with child abuse.

Under New Mexico law, an "Aggravated DWI" is one where the alcohol level is 0.16 or greater, where an injury is caused to another person, or where you refuse to take a chemical test. The injury necessary to trigger the "aggravation" need not be serious or life threatening. More serious injuries and deaths are addressed by charges of homicide and assault.

New Mexico Drunk Driving Arrest and Court Process

The New Mexico DWI criminal process is governed by the rules of criminal procedure and state and local court rules. People who are not represented by a lawyer will be held to the same standard as a practicing lawyer. For this reason, it is very important to make sure that you understand the process, and have the advice and assistance of an experienced New Mexico DWI Lawyer who knows the rules, processes and customs in the county and court in which you are charged.

Your New Mexico DWI case might not be as bad as it seems

When most people start their drunk driving cases and the reality starts to sink in, they naturally believe that the are doomed to get the conviction. In many cases this is needlessly pessimistic. This is because a lot can go wrong in the investigation, in the preparation and presentation of evidence, and in New Mexico DWI chemical testing. In fact, both breath and blood tests for alcohol are subject to a range of errors. In general, blood testing is more accurate than breath testing, but this assumes that everything was done correctly, which it often times is not.

A good New Mexico DWI attorney will discover when there are things that are wrong with the forensic evidence against you. If you don't have an attorney looking at your case, you will probably never find out if there is anything wrong with the evidence against you.

There are also a lot of things that can go wrong with the State's case as it works its way through the legal system. For example, if a witness is either unavailable or unwilling to testify, or can't remember what happened, it can throw the whole case into doubt. If a police officer is found to be a liar or even slightly less than credible, it opens to door to shed doubt on the rest of the case. A good DWI lawyer will discover any of these and hundreds of other potential issues that may tip the scales in your favor.

Most New Mexico DWI Lawyers will offer you a free initial consultation if you are serious about getting the facts of your case straight, and are open to the possibility of hiring a lawyer to help you. There is nothing to lose by talking with a lawyer, and you just might find out that things are a lot brighter than they seem right now.