DUI Lawyer New Mexico
How Our DWI Attorney Can Help ?
Why Choose Our DWI Attorney?
1. Proven Track Record
2. Personalized Defense Strategies
3 .In-Depth Knowledge of New Mexico DWI Laws
4. Aggressive Courtroom Representation
5. Support Every Step of the Way
DWI and DUI Laws in New Mexico
- Drivers younger than 21 years old cannot legally drive when their blood alcohol limit is .02 or higher
- Commercial drivers cannot operate a vehicle with a blood alcohol limit that is .04 or higher
- Drivers who are at least 21 years old cannot legally drive with a blood alcohol limit of .08 or higher
- Driving with a blood alcohol limit of .16 or higher is a more serious offense known as aggravated DWI that carries harsher penalties
If Albuquerque police officers suspect a driver is impaired, they can request a Breathalyzer or Chemical Test, which may include taking blood, urine, or hair. While drivers have the right to refuse, New Mexico has implied consent laws, which means that refusing to take a test can lead to an automatic license suspension. However, officers must have reasonable suspicion that a driver is impaired; for example, witnessing the driver committing a moving violation or being involved in a traffic collision.
In order for you to be convicted of a DWI in New Mexico, the district attorney must prove that:
- You were under the influence of alcohol or drugs or had a BAC above the legal limit; AND
- You were physically in control of the vehicle.
“Physically in control” does not mean you were driving the car, just that you could drive the car. This means if you were sitting in the driver’s seat while parked, you can be convicted of a DWI if the prosecution can prove that you were under the influence of drugs or alcohol at that time.
This may sound impossible to beat, but there are several ways an experienced DWI lawyer can defend you. The prosecution must prove beyond a reasonable doubt that you are guilty, and the arresting officer must have followed the legal procedures when they pulled you over. Depending on the circumstances of your case, our legal team may be able to have your charges reduced or dropped.
Penalties for Driving Under the Influence
Driving under the influence is a serious offense in New Mexico, carrying significant legal and personal consequences. Penalties can vary depending on the circumstances of the case, such as prior offenses or the level of impairment. Here are the potential penalties for DUI:
First Offense
Up to 90 days in jail, fines up to $500, mandatory DWI school, and ignition interlock device installation.
Second Offense
96 hours to 364 days in jail, up to $1,000 in fines, mandatory community service, and extended ignition interlock requirements.
Third Offense
30 days to 364 days in jail, fines up to $1,000, mandatory treatment programs, and license revocation.
Felony DUI
For fourth offenses and beyond, DUI becomes a felony, with steep penalties including longer prison sentences, heavy fines, and lifetime interlock requirements.
Aggravated DUI
Enhanced penalties for a BAC of 0.16 or higher, causing injury, or refusing a chemical test. This includes additional jail time and fines.
Consequences of Driving Under the Influence in New Mexico
Criminal Side
Administrative Side
Criminal Charges
In New Mexico, the penalties for a DWI are based on your criminal record, meaning that the more DWIs you have, the harsher your punishment. In addition, charges can either be non-aggravated or aggravated. Non-aggravated means that your BAC level was between 0.08% and less than 0.15%; aggravated means that your BAC was 0.15% or higher, which will come with harsher penalties.
Punishment ranges for DWI convictions vary dramatically based on prior DWI convictions as displayed below:
| Offense | Potential Penalties | Mandatory Penalties |
|---|---|---|
| 1st Offense | Up to 90 days in jail or a year on probation and up to a $500.00 fine | Interlock license for one year; at least 24 hours community service; alcohol screening; court fees |
| 2nd Offense | Up to 1 year in jail or 5 years’ probation and up to a $1,000 fine | 96 consecutive hours of jail time; Interlock license for two years; $500 fine; at least 48 hours of community service; complete alcohol or drug abuse screening and court-approved treatment; court fees |
| 3rd Offense | Up to 1 year in jail or 5 years’ probation and up to a $1,000 fine | 30 consecutive days of jail time; Interlock license for 3 years; $750 fine; up to 96 hours of community service; complete alcohol or drug abuse screening and court-approved treatment; court fees |
| 4th Offense | Up to 18 months in prison and up to $5,000 fine | 6 months in prison; interlock license for life; complete alcohol or drug abuse screening and court-approved treatment |
| 5th Offense | Up to 2 years in prison and up to $5,000 fine. | One year in prison; interlock license for life; complete alcohol abuse screening and court-approved treatment |
| 6th Offense | Up to 30 months in prison and up to $5,000 fine | 18 months in prison; interlock license for life; complete alcohol or drug abuse screening and court-approved treatment |
| 7th or Higher Offense | Up to 3 years in prison and up to $5,000 fine | Two years in prison; interlock license for life; complete alcohol or drug abuse screening and court-approved treatment |
Exigent circumstances can additionally lead to increased penalties, such as aggravated DWIs or DWIs with a child passenger.
Beating a DUI or DWI Charge
Even if you cannot enter a diversion program, you still have several options when fighting a DWI charge. At Raymon Law Group, our lead defense lawyer can launch an in-depth review to find weaknesses in the prosecution’s arguments and utilize one of the following defenses on your behalf:
- You were in the passenger seat and not in control of the vehicle.
- You were pulled over illegally.
- The testing equipment was damaged or improperly used.
- You only showed the objective signs of a DWI.
- The officer performed misconduct when arresting you.
You should never allow your rights to be taken from you without a fair trial. By working with an experienced DWI attorney, you may be able to avoid jail time, or have your charges dropped altogether. But the first step is to pick up the phone and contact our legal team.
Location Served
We Represent
Individuals & Families
throughout New Mexico
Raymon Law Group’s Albuquerque Criminal Defense lawyers are based at our main office in the heart of downtown Albuquerque at 500 Marquette Ave. NW, Ste. 1200.
We also have our Office at Santa Fe located at 150 Washington Ave, Suite 201
Frequently Asked Questions
For a first offense in New Mexico, penalties typically include:
- Up to 90 days in jail
- Fines of up to $500
- Court-ordered DWI school
- 24 hours of community service
- Installation of an ignition interlock device for one year
Criminal Defense Practice Areas
During your Free Strategy Session and Case Review, The Criminal Defense Attorneys at Raymon Law Group will advise you on the best way to resolve your case.
