Being arrested for DWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DWI attorney will help you understand all of your rights and options.     

What happens if I was arrested for DWI?
Under New Mexico law, once you have been cited for violating the DWI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the New Mexico Motor Vehicle Division.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to New Mexico law, an individual has 10 days from the date of arrest to request a hearing from the Motor Vehicle Division.  When the arresting officer retains your state issued driver’s license, you have 20 days before the administrative revocation takes effect.  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Motor Vehicle Division within 10 days.            

DWI Penalties for First Time Offenders

Jail Time
A first time DWI offender faces imprisonment of up to 90 days in jail.

Monetary Fines
A first time DWI offense is punishable by a maximum $500 fine.

Driving Privileges
A DWI conviction results in the revocation of driving privileges 6 months.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year.

Commercial Drivers
Commercial drivers are in violation of the DWI statute with a blood alcohol content (BAC) of 0.04.  A first time DWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.       

DWI Subsequent Offenses
Penalties are increasingly more severe for any additional DWI violations.  Due to the complexity of DWI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.