Finding A DWI Lawyer in New Mexico
Driving while intoxicated (DWI) is a serious offense in New Mexico. It is important to understand the laws surrounding DWI arrests and how a New Mexico DWI lawyer can help you. A New Mexico DWI conviction can result in severe consequences, including fines, driver’s license suspension, and even jail time. We will explore the rate of DWI arrests in New Mexico over the past few years and how getting a DWI lawyer in New Mexico can help you beat a DWI charge.
DWI vs DUI in New Mexico
In the State of New Mexico, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably. The official term employed in the New Mexico legal system is DWI. Both terms refer to the act of operating a motor vehicle while impaired by alcohol, drugs, or other intoxicating substances.
Understanding the specific legal verbiage and implications of DWI in New Mexico is essential for anyone facing such charges. It can also be helpful for understanding the state’s laws on impaired driving. Finding a New Mexico criminal defense attorney with a law firm specializing in New Mexico’s DWI laws can provide critical legal advice through the legal system.
DWI in New Mexico
In New Mexico, a person can be charged with a DWI if they are found operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. For drivers under the age of 21, the limit is 0.02%, and for commercial drivers, it’s 0.04%.
DUI in New Mexico
Though the term DUI is broadly recognized, New Mexico statutes predominantly use DWI. Essentially, a DUI charge in another state is called a DWI in New Mexico, with all the associated penalties.
DWI Arrest Rates in New Mexico
According to the New Mexico Department of Transportation, there were 8,419 DWI arrests in New Mexico in 2021. This marks a significant decrease from the 10,675 DWI arrests made in 2019. The COVID-19 pandemic likely impacted the trend of DWI arrests in New Mexico, as there were much fewer people on the roads in general in 2021 compared to 2019. The majority of DWI arrests in New Mexico occur in Bernalillo, Doña Ana, and San Juan counties.
Penalties for DWI in New Mexico
The penalties for a DWI in New Mexico can be severe, depending on the circumstances of the case. The following is a general overview of the penalties for DWI in New Mexico:
First DWI in New Mexico
- First through third DWI charges are considered Misdemeanor DWIs in New Mexico
- A fine of up to $500
- License revocation for up to one year
- Possible jail time of up to 90 days
- Mandatory participation in a drug and alcohol treatment program
Second DWI in New Mexico
- A fine of up to $1,000
- License revocation for two years
- Mandatory jail time of at least 96 hours, up to one year
- Mandatory participation in a drug and alcohol treatment program
Third DWI in New Mexico
- A fine of up to $1,000
- License revocation for three years
- Mandatory jail time of at least 30 days, up to one year
- Mandatory participation in a drug and alcohol treatment program
Fourth DWI in New Mexico
- Fourth DWI and onward is considered a Felony DWI in New Mexico
- A fine of up to $5,000
- License revocation for life
- Mandatory jail time of at least one year, up to six years
- Mandatory participation in a drug and alcohol treatment program
It is important to note that these penalties are a general overview and that the specific penalties for DWI in New Mexico may vary depending on the circumstances of the case.
Ignition Interlock Devices
In addition to the above penalties, New Mexico also requires the installation of an ignition interlock device (IID) for some DWI offenders. An IID is a device that is installed in a vehicle that requires the driver to blow into it before the car will start. If the device detects alcohol on the driver’s breath, the car will not start.
In New Mexico, an IID is required for:
- Second and subsequent DWI offenses
- First offense with a BAC of 0.16 or higher
- First offense with a passenger under the age of 18 in the vehicle
- Refusal to submit to a chemical test
The cost of installing and maintaining an IID can be substantial, and it is important to discuss the potential requirement of an IID with your New Mexico DWI lawyer.
How a New Mexico DWI Lawyer Can Help You Beat a DWI Charge
One of the main ways that a New Mexico DWI lawyer can help you beat a DWI charge is by investigating the circumstances surrounding your arrest. This includes reviewing the police report, blood alcohol content (BAC) test results, and any other evidence that may have been gathered by the arresting officer.
If you have been charged with a DWI in New Mexico, it is essential to seek the assistance of a top-rated New Mexico DWI lawyer. An experienced New Mexico DWI lawyer can provide you with the legal counsel and criminal defense experience you need to help you beat your DWI charge.
Top-Rated New Mexico DWI Lawyers
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