DWI Penalties

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!

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