DWI Attorney - Las Cruces, New Mexico
If you have been arrested for DWI, it is a major offense that can have serious repercussions, including jail time, loss of driving privileges, and monetary fines. It is imperative that anyone facing a New Mexico DWI understand what challenges they will encounter. It is imperative you seek the legal advice of an accomplished and professional DWI attorney immediately. Call today for a consultation.
New Mexico DWI (driving while intoxicated) or DUI (driving under the influence) Administrative Hearing
Once the arresting officer retains your state issued driver's license, you have 20 days before the administrative revocation takes effect. If you do not request an administrative hearing within 10 days, your right to the hearing is lost, and your driver's 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 New Mexico Motor Vehicle Division within 10 days. Contact an aggressive and knowledgeable DWI criminal defense attorney in New Mexico to help.
Pursuant to New Mexico law, an individual has 10 days to request an Administrative Hearing from the New Mexico MVD (Motor Vehicle Division).
What happens if I was arrested for DWI in Las Cruces?
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 New Mexico driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.
DWI Penalties for First Time Offenders
- Commercial Drivers - Commercial drivers are in violation of the DWI statute with a BAC (breath-alcohol concentration) of 0.04. A first time DWI / DUI 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.
- Monetary Fines - In Las Cruces, New Mexico, fines for a first time DWI are a maximum of $500.00.
- New Mexico Driving Privileges and DWI - In Las Cruces, New Mexico, a first time DWI (driving while intoxicated) or DUI (driving under the influence) conviction results in the revocation of New Mexico driving privileges for 6 months.
- Alcohol Evaluation - Successful completion of a DWI knowledge test and chemical assessment is required for reinstatement of New Mexico driving privileges.
- 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.
- Time in Jail - In Las Cruces, New Mexico, a first time DWI (driving while intoxicated) or DUI (driving under the influence) offender faces time in jail 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 options and rights. This is why an accomplished and professional attorney can guide you through this emotionally challenging process. Please contact a DWI - DUI attorney for a fast and free consultation.
Las Cruces, 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 imperative you seek the legal advice of an accomplished and professional DWI attorney immediately. Call now for a consultation.
Additional New Mexico DWI Costs
In addition to any fines and court costs you will have to pay, there are other charges that can really add up and cost you a lot of money. Some of the other costs may include:
- 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 Las Cruces, New Mexico can be expensive.
- Vehicle Storage - After your vehicle is towed, it has to be stored somewhere, which is another additional cost.
- 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 Las Cruces, New Mexico.
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. |