DUI/DWI Penalties
Need a Lawyer for DWI Charges in Albuquerque?
New Mexico has some of the harshest laws regarding driving under the influence. The penalties that someone may face when charged with a DWI are tough and unforgiving. The laws in New Mexico place a blood alcohol concentration limit of .08% for people who are 21 or older, a limit of .02% if under 21, and .04% if driving commercially. New Mexico also has an implied consent law which requires subjects to perform a blood or breath test if arrested for driving under the influence. If the suspect refuses to take one of these tests the officer will immediately take their license and the first offense is punishable by a 1 year license revocation, while the second and third offenses result in the same penalty. The punishments for being charged with DWI are much more serious than that:
- 1st offense: the suspect is charged with a misdemeanor and is subject to:
- 6 months-1 year license revocation
- 90 day jail sentence
- DWI school
- 1-year ignition interlock in their car
- Community service
- Alcohol evaluation
- Possible treatment
- 2nd offense: the suspect is charged with a misdemeanor and is also subject to:
- Revoked license for 2 years
- Mandatory 96 hour minimum jail sentence, can go up to 364 days
- $500 mandatory fine, can go up to $1,000
- Alcohol evaluation
- Treatment
- 2-year ignition interlock in their car
- Community service
- Possible 5-year probation
- 3rd offense: the suspect is charged with a misdemeanor and is also subject to:
- Revoked license for 3 years
- Mandatory 30 days in jail, can be up to 364 days
- Mandatory $750 fine, can be up to $1,000
- Alcohol evaluation
- 3-year ignition interlock in their car
- Community service
- Treatment
- Possible 5-year probation
When a person reaches their 4th and subsequent offenses, the charge is a felony and the license can be revoked for life, they have a mandatory 6-month jail sentence that can go up to 18 months, lifetime ignition interlock device in their car, and also up to a $5,000 fine. An ignition interlock is a device put into your car that requires a breath test before the vehicle will start. If the device detects any amount of alcohol in the breath test, the car will not start. Also, while driving the vehicle, breath tests will need to be given occasionally to make sure there is not any alcohol in your system as you drive. If convicted of a 4th DWI offense, the person may be given an interlock license and the license will represent that, meaning the driver cannot drive a vehicle that does not have an ignition interlock device and if an officer pulls you over in a vehicle without the interlock device, you will be arrested and charged with driving with a revoked driver's license. Driving with a revoked driver's license is punishable by jail time.
Seek Guidance From an Albuquerque Criminal Defense Lawyer
The penalties for DWI in New Mexico are tough; rehabilitation, community service, alcohol treatment, jail sentence, fines, revoked driver's license, ignition interlock, and damaged driving record. You need experience on your side if you are battling a driving under the influence charge in New Mexico. It is crucial to contact an Albuquerque criminal defense attorney today to ensure that you have the best possible opportunity to fight for your rights in your case. The Romero Law Firm, P.A. proudly offers a free case evaluation so you can call and discuss your unique DWI case with a competent attorney.
We have had many of our client's cases completely dismissed along with many charges decreased due to our dedication to defending our clients and giving them our full effort to fight for justice in their case. Don't allow your life to be forever changed by the harsh repercussions of a DWI conviction. See how we can help you by calling our firm or filling out a free case evaluation today!
-
We Prepare Every Case For TrialRegardless of whether we take it that for, learn how we are fully prepared to fight for you.
-
Experience Makes All The DifferenceWe have a reputation for success and an established history of advanced education and training.
-
Are You Charged With Drunk Driving?Ger aggressive DWI/DUI defense and fight to keep your license! We also handle vehicle seizures.
-
Have You Been Arrested? Contact Us!Fill out a Free Case Evaluation form and learn how we can fight aggressively on your behalf.
Hear From Our Happy Clients
At The Romero Law Firm, P.A., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
I am telling you Mr. Romero, you are the best! I will always remember your hard work at my trial, and how we made out so well against four district attorneys. Again, thank you so much.- J. O'Dell
-
We both truly appreciate your professionalism and hard work in settling our case. We will forever be thankful!- C. Gracia
-
I am writing to tell you and Sarah thank you for all the hard work you did. We really liked seeing how you argued to the judge and won. You made that other lawyer look stupid. Thank you also for helping to get my car back.- F. Rodriguez
-
Thank you for your hard work. You saved my husband from facing 18+ years in prison, to just 5 years of probation. You kept him in my kids is life and he is able to see them grow. Words can not express how Thankful I am for your representation in his court case. Thank you- M.P
-
I can't thank you enough for saving my son's life. You are a tremendous lawyer. All I can say is you've earned your spot in heaven and you will always have our best wishes.- M.G.
-
Sr. Roman Romero, me da mucho gusto saludarlo por este medio para informarle todo mi agradecimiento por su atención al caso mio, personalmente creo que usted es una persona usada por Dios para ayudar a las personas y que le dio un corazón bueno y misericordioso con el que se encarga de hacer un trabajo excelente, Dios bendiga su vida y a toda su familia, también a todos los que trabajan con usted.- A. G.
-
Mr. Romero, I want to thank you and your kind staff for the excellent help. I am so glad to be done with it all and I know that no other lawyer could have gotten me through this mess so quickly. God bless.- M. Herrera
-
Mr. Romero, I am so happy I had you in my corner. I was told that you were a pit bull in trial, and that's exactly what you were from beginning to end. I'm convinced that no one else in the world could have gotten that case dismissed for me. Many thanks.- V. Villa