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What happens if I was arrested for DWI in Roswell?
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 more penalties to consider and each action must be handled separately.
New Mexico DWI - DUI Administrative Hearing
Once the arresting officer retains your state issued 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 New Mexico 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 MVD (Motor Vehicle Division) within 10 days. Contact an accomplished and professional DWI criminal defense lawyer in New Mexico to help.
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
- Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement in New Mexico will result in the revocation of driver's license for 1 (one) year.
- Alcohol Evaluation - Successful completion of a DWI knowledge test and chemical assessment is required for reinstatement of driving privileges in New Mexico.
- Monetary Fines - Fines for a first time DWI in Roswell, New Mexico are a maximum of $500.00.
- Commercial Drivers - Commercial drivers are in violation of the DWI statute with a breath-alcohol concentration (BAC) of 0.04. A first time DUI or 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.
- New Mexico Driving Privileges and DWI - In Roswell, New Mexico, a first time DWI - DUI conviction results in the revocation of driving privileges in New Mexico for 6 months.
- Time in Jail - In Roswell, New Mexico, a first time DWI - DUI offender faces imprisonment 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, including any defenses you might use. This is why an aggressive and skilled criminal defense lawyer can guide you through this emotionally challenging process. Please contact a New Mexico DWI (driving while intoxicated) or DUI (driving under the influence) defense attorney for a free consultation.
New Mexico DUI Laws
In New Mexico it is illegal to drive with a breath-alcohol concentration (BAC) 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 imperative you fomd legal advice from a capable and knowledgeable DWI defense attorney. Call today for a professional and free consultation. Do not delay with so much at risk.
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 Roswell, 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 Roswell, 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 Roswell, New Mexico. It is imperative you seek the legal advice of an aggressive and skilled DWI criminal defense lawyer immediately. Call today 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. |