Santa Fe, New Mexico DWI Attorney

What happens if I was arrested for DWI in Santa Fe?

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 Motor Vehicle Division in New Mexico. 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 on its own.

New Mexico DWI - DUI 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 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 Motor Vehicle Division in New Mexico within 10 days. Contact a capable and experienced DWI 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).

DWI Penalties for First Time Offenders

• Time in Jail - In Santa Fe, New Mexico, a first time DWI - DUI offender faces jail time of up to 90 days.
• New Mexico Driving Privileges and DWI - In Santa Fe, New Mexico, a first time DWI - DUI conviction results in the revocation of driving privileges for 6 months.
• Alcohol Evaluation - Successful completion of a DWI knowledge test and chemical assessment is required for reinstatement of driving privileges.
• Monetary Fines - In Santa Fe, New Mexico, fines for a first time DWI are a maximum of $500.00.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for one year.
• Commercial Drivers - Commercial drivers are in violation of the DWI statute with a BAC level 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 New Mexico DWI offenses will result in a lifetime loss of the CDL.

Additional Santa Fe, 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 Santa Fe, 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 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 Santa Fe, New Mexico.

DUI Laws in Santa Fe, New Mexico

In Santa Fe, New Mexico, it is illegal to drive with a BAC level 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. For these reasons and more, it is imperative you seek the legal advice of a competent and skilled DWI lawyer immediately. Call today for a free, professional consultation.

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 criminal defense attorney can guide you through this emotionally challenging process. Please contact a DWI or DUI lawyer for a fast, 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.