DUI Reference Guide

New Mexico DUI Law

Driving while intoxicated is serious crime in New Mexico as with any state.  A person faces the possibility of arrest if they drive while under the influence do alcohol.  They do not need to have a blood alcohol content (BAC) that exceeds the legal limit.  People can also be arrested if they appear to be visibly impaired while driving.

People who are arrested for a DWI face two possible penalty phases.  The first is the one in which they can have their license suspended by the Motor Vehicle Division.  They then face criminal charges for driving while intoxicated.  Those who are arrested for DUI can have a court trial.  This is their opportunity to try to prove their innocence. 

Anyone who refused to take a chemical test can have his or her license suspended by the MVD for one year.  First time offenders with a BAC of 0.08% will have their license revoked for 90 days unless they are under 21 in which case they would lose their license for six months for a BAC of 0.02% or more.   A person will have their license suspended for longer periods of time based on the number of prior offenses.  In fact once a person reaches three DUI offenses, they will lose their license for as much as ten years and at least five years.

When in court, the prosecution will attempt to prove that a person was driving while under the influence or that they had a BAC at or above 0.08%.  If they did not have a BAC exceeding the legal limit, the prosecutor will work to establish a case showing that the driver was in face, impaired.  Various factors can point to this possibility.  The arresting officer might have noted that the driver was swerving when the drove, was speeding excessively or was not obeying traffic lights and signs.  Other characteristics can also point to the likelihood that the driver was intoxicated.  Their eyes could be blood shot and their breath could smell of alcohol.  If someone was intoxicated they might also have been having difficulty talking and had slurred speech.  The testimony of the police officer is essential in establishing the impairment of the accused.

Several factors can have an additional impact on the sentencing a person receives if they are convicted of DWI.  These factors are considered aggravating and can result in further jail time, license suspension and other penalties.  Included in this list are those who refuse to take a chemical test to measure their BAC, those who are the cause of an accident in which people are injured and anyone with a BAC that meets or exceed 0.16%. 

First time offenders will need to pay the court fees.  They usually owe about $200 plus additional fines.  Fines for DWI on a first offense can reach $500.  A person can also be sent to jail for as much as 90 days.  Probation and any associated fees can also result.  If any of the aggravating situations are present they will serve at least 48 hours in jail.  Those convicted can also be required to take the Driving While Intoxicated educational program.  They might also be mandated to receive some type of treatment if deemed necessary for a substance abuse problem.  Community service might also be ordered. 

Second time offenders face even harsher penalties.  Fines can range from $500-$1000.  Jail time can be as much as 364 days with a minimum that is generally three days.  Community service and probation will also result.  In addition, a person will have a one-year driver license suspension. 

Third time offenders are fines even higher amounts.  They will serve at least a 30 days prison sentence and 90 days for those who are convicted and had any of the aggravating factors.  License suspensions on a third offense can be as high as 10 years and will be at least one year.   Fourth time offenders will be charged with a felony.  Certain civil liberties might also be lost.  For example, a person might not be allowed to vote for a certain amount of time. 

They are working hard to crack down on DWI offenses in New Mexico.  Several times a year they are setting up an abundance of checkpoints throughout the state in an attempt to find people who are driving while intoxicated.  There is also a lot of media coverage of these checkpoints to try to warn people and make them aware of the dangers and consequences of driving under the influence. 

Anyone who is arrested for a DWI in New Mexico should consult with a lawyer specializing in DWI law.  They can assist a person in defending themselves at their trail.  Not all lawyers know a great deal about the many aspects of DWI laws.  It is therefore essential to contact an attorney who specializes in DWI.