Drunk Driving Laws in New Mexico
In New Mexico, even one alcoholic beverage may put you at risk for a DWI. At Patrick J. Martinez & Associates, we understand that a drunk driving arrest is a frightening and frustrating experience, especially if your BAC was under the legal limit. We provide the aggressive DWI defense you need to resolve your DWI with success.
First Offense DWI Arrest
Drunk driving laws in New Mexico carry mandatory penalties for any DWI arrest, whether it is your first or fourth arrest. If this is your first drunk driving arrest, it is essential to have an experienced DWI attorney to represent your best interests in court.
If convicted, first offense DWI penalties include:
- Up to 90 days in jail
- Up to $500 in fines
- Court fees and other costs
- Ignition Interlock for 1 year
- License suspension for up to one year
- DWI school, alcohol evaluation and other programs
A first offense DWI arrest is typically considered a special penalty misdemeanor because it carries a maximum penalty of ninety (90) days in jail. A second through third offense DWI is considered a full misdemeanor which carries a maximum penalty of three-hundred and sixty-four (364) days in jail. If the DWI charge is aggravated, however, a person may be given no less than forty-eight (48) consecutive hours in custody and harsher penalties.
Felony DWI Arrest in Albuquerque
After being convicted for DWI 3 times, the offense becomes a felony:
- 4th offense – 4th degree felony
- 5th offense – 4th degree felony
- 6th offense — 3rd degree felony
- 7th offense – 3rd degree felony
New Mexico is a Three Strikes state, which means that three felonies in close succession can result in heavier prison sentences. This is why it is essential to contact an attorney whether it is your first or fifth DWI.
At Patrick J. Martinez & Associates, our attorneys protect your freedom and best interests in court. All individuals facing criminal charges have the right to criminal defense and a trial by jury. You are innocent until proven guilty. With hard-hitting legal strategy and detailed investigation, we do everything possible to protect your innocence.
Contact a DWI Lawyer in Albuquerque
A DWI arrest is one of the most harshly punished misdemeanor crimes in New Mexico. If you have been arrested for DWI, you need a lawyer you can trust to aggressively defend your innocence at trial. Contact Patrick J. Martinez and Associates today to schedule a FREE consultation with a lawyer with over 25 years of DWI law experience.