Albuquerque, New Mexico DWI Criminal Defense Attorney
What happens if I was arrested for DWI in Albuquerque?
Pursuant to New Mexico law, once you have been cited for violating the DWI statute, the state initiates two separate, yet simultaneous legal actions against you. There is a criminal action in response to the ticket that was issued to you, and an administrative action is brought against your license by the New Mexico MVD (Motor Vehicle Division). Both actions can result in the suspension of your New Mexico driving privileges, but it is very important to remember that there may be more penalties to consider. Also, each action must be handled on its own.Contact a New Mexico DWI criminal defense attorney today for a quick and easy consultation.
New Mexico DWI / DUI Administrative Hearing
If you fail to request a hearing within 10 days, your right to the hearing is lost, and your New Mexico driver's license is automatically suspended for the applicable statutory time frame. Once the arresting officer retains your state issued license, you have 20 days before the administrative revocation takes effect. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the New Mexico MVD (Motor Vehicle Division) within 10 days. Contact an accomplished and professional DWI criminal defense attorney to help, but do not delay. Pursuant to New Mexico law, an individual has 10 days to request an Administrative Hearing from the Motor Vehicle Division in New Mexico.
DWI Penalties for First Time Offenders
- Alcohol Evaluation - Successful completion of a DWI alcohol and drug remedial education program is required for reinstatement of New Mexico driving privileges.
- New Mexico Driving Privileges and DWI - In Albuquerque, New Mexico, a first time DWI / DUI conviction results in the revocation of New Mexico driving privileges for 6 months.
- Time in Jail - In Albuquerque, New Mexico, a first time DWI / DUI offender faces jail time of up to 90 days.
- Monetary Fines - In Albuquerque, New Mexico, fines for a first time DWI are a maximum of $500.00.
- Commercial Drivers - Commercial drivers are in violation of the DWI statute with a BAC (breath alcohol content) of 0.04. A first time DWI (driving while intoxicated) or DUI (driving under the influence) conviction will result in the loss of the CDL (commercial driver's license) for 1 (one) year, while any subsequent DWI / DUI offenses will result in a lifetime loss of the commercial license.
- Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for 1 year.
DWI Subsequent Offenses
Penalties are increasingly more severe for any additional DWI violations. Due to the complexity of DWI laws in New Mexico, you may not be aware of options and rights. This is why a capable and skilled criminal defense attorney can guide you through this emotionally challenging process. Please contact a New Mexico DUI or DWI criminal defense lawyer for a free, professional consultation.
Albuquerque, New Mexico DUI Laws
In New Mexico it is illegal to drive with a BAC (breath alcohol content) of .08 or more if you're 21 or over, or .02 if you are under 21 years of age. The alcohol concentrations are measured by a machine that analyzes the amount of alcohol expelled in the breath. If your breath test is at or above the legal limit, or if you refuse to take the breath test, you will lose your license, in most cases, for at least a year.
Also, you can be convicted of DWI in New Mexico even if the breath test was below the legal limit if it is proven that your ability to drive was impaired to the slightest degree by drugs or alcohol. It is therefore important you seek the legal advice of a competent and knowledgeable DWI criminal defense lawyer immediately. Call now for a free, professional consultation.
Additional DWI Costs in New Mexico
There are numerous charges beyond the court fines and costs that can add up and cost you a lot of money. Some of the other costs for DWI in Albuquerque, New Mexico may include but are not limited to:
- Auto Insurance - On top of everything else, once you do get your driver's license back, there is a good chance your monthly premium is going to be higher.
- Loss of Wages - When you begin to add in the money lost by missing work, the amount really begins to add up quickly.
- Towing - Having your vehicle towed in Albuquerque, New Mexico can be expensive.
- Vehicle Storage - After your vehicle is towed, it has to be stored somewhere, which is another additional cost.
There are quite a few "extra costs" when you get a DWI in Albuquerque, New Mexico. It is very important you seek the legal advice of a capable and skilled DWI criminal defense attorney immediately. Call today for a free, professional consultation.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. |