DWI FAQ

DWI/DUI: Answers to Common Questions

Will my license get suspended? 
All DWI/DUI charges include license suspension, for varying period of time. The license suspension aspect of a DWI charge is handled by the New Mexico Motor Vehicle Department. If you were charged with DWI, it is imperative that this issue is handled carefully and skillfully if you hope to avoid the suspension of your license. Otherwise, you will lose your legal right to drive, automatically.

What happens if I refuse the breath or blood test? 
Any person that is pulled over under suspicion of DWI who refuses the test could have their license revoked for one year, and could also face charges of aggravated DWI. You are obligated to submit to these tests under the "implied consent" law. If you have refused the test, get help from our firm immediately.

Can I decide which chemical test I take? 
The police officer gets to choose which test you will be asked to take, whether it is a blood, breath, or urine test. If you refuse to take the test, then your license will be automatically be suspended. You may choose to take another chemical test with the medical professional of your choice, which the state will pay for. You will be allowed to choose whether it will be a blood, breath, or urine test.

Is it possible to successfully fight a DWI charge? 
Every case should be reviewed prior to make a decision about your plea. It is possible that there are very serious errors or flaws in the case against you. An analysis of what occurred in your case should be undertaken immediately — before you go to court. Here are some defenses that may apply to your case:

  • Probable Cause: Did the officer have a valid reason to arrest you?
  • Chemical Tests: Did the officer properly administer the chemical test?
  • Implied Consent Warnings: Did the officer inform you of the penalties of refusing a chemical test?

There are countless defense strategies that an Albuquerque DWI lawyer may use on your behalf, so do not hesitate to get in touch with the firm to see what the legal team can do for you.

What is the "rising BAC" defense? 
According to studies, the human body can take anywhere from half an hour to three hours to absorb the alcohol a person has recently consumed. Due to this, a person's blood alcohol content may be still rising after they were arrested. If the police officer arrests them and then administers the test hours later, the BAC might be higher than at the time the person was actually driving.

Will I go to jail if I am convicted of DWI? 
Every DWI conviction includes jail time, and felony DWI charges may have a sentence that includes time served in state prison. A first time, misdemeanor DUI or DWI includes up to 90 days in jail. A 2nd DWI conviction includes up to 12 months in jail. A first time offense that included an accident with serious bodily injuries, or in which another person died will be filed as a felony, with extreme consequences, including prison time and fines.

What is aggravated DWI and what are the penalties? 
Aggravated DWI is the charge filed when the BAC (blood alcohol content) registers at .16 or above, when there is a refusal to take the test, or any accident with serious bodily injury that is alleged to have been caused by the DWI driver. This offense has added jail time above the standard sentencing for DWI. 

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