Farmington, New Mexico DWI Criminal Defense Attorney

Being charged with DWI is a serious offense that can have major repercussions, including jail time, loss of driving privileges, and monetary fines. It is very important that anyone facing a DWI charge in New Mexico understand what challenges they will encounter. It is imperative you seek the legal advice of a capable and knowledgeable DWI attorney immediately. Call today for a free consultation.

New Mexico DUI / DWI Administrative Hearing

According to New Mexico law, an individual has ten (10) days to request an Administrative Hearing from the New Mexico MVD (Motor Vehicle Division). Once the arresting officer retains your state issued license, you have 20 days before the administrative revocation takes effect. If you fail to request a hearing within ten (10) days, your right to the hearing is lost, and your driver's license in New Mexico 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 New Mexico MVD (Motor Vehicle Division) within ten (10) days. Contact a competent and experienced DWI lawyer in Farmington, New Mexico to help, but do not delay.

What happens if I was arrested for DWI in Farmington?

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 license by the New Mexico MVD (Motor Vehicle Division). While both actions can result in the suspension of your driving privileges in New Mexico, it is important to remember that there may be additional penalties to consider and each action must be handled on its own.

DWI Penalties for First Time Offenders

• Alcohol Evaluation - Successful completion of a DWI alcohol and drug remedial education program is required for reinstatement of driving privileges in New Mexico.
• Monetary Fines - In Farmington, 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 concentration) of 0.04. A first time DUI (driving under the influence) or DWI (driving while intoxicated) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent New Mexico DWI offenses will result in a lifetime loss of the CDL.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of New Mexico driver's license for 1 year.
• New Mexico Driving Privileges and DWI - In Farmington, New Mexico, a first time DUI / DWI conviction results in the revocation of driving privileges in New Mexico for 6 months.
• Time in Jail - In Farmington, New Mexico, a first time DUI / DWI offender faces jail time of up to 90 days.

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 rights and options. This is why an accomplished and professional criminal defense attorney can guide you through this emotionally challenging process. Please contact a New Mexico DUI or DWI attorney for a consultation.

Additional Farmington, New Mexico DWI Costs

Beyond any fines and court costs you will have to pay, there are numerous other charges that can add up and cost you a lot of money. Some of the other costs for DWI might include:

• Towing - Having your vehicle towed in Farmington, New Mexico can be expensive.
• Vehicle Storage - After your vehicle is towed, it has to be stored somewhere, which is another additional cost.
• Loss of Wages - When you begin to add in the money lost by missing work, the amount really begins to add up quickly.
• 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.

As you can see, there are quite a few "hidden costs" when it comes to getting a DWI in Farmington, New Mexico.

Farmington, New Mexico DUI Laws

In New Mexico it is illegal to drive with a BAC (breath-alcohol concentration) 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 very important you seek the legal advice of a capable and knowledgeable DWI attorney immediately. Call now for a free 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.