New Mexico Driving Under Influence Lawyer, New Mexico Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

90 days

Can driving priviledges be restored during suspension?

after 30 days

Penalties include forfeiture or ignition interlock?

no/yes

"Open Container" laws

driver/passenger

New Mexico Driving While Intoxicated Law

In common with many other States, a DWI arrest in New Mexico will lead to two cases being brought against the defendant, a criminal case and a Motor Vehicles Department case. If you have been arrested for DWI in New Mexico, you have limited time in order to apply for a hearing at the Motor Vehicles Department in order to retain your driver's license. It is therefore essential that you contact a New Mexico DWI lawyer as soon as possible.

Charges for DWI in New Mexico can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DWI lawyer will be able to handle each of these situations. If your BAC is recorded as being over 0.16% you will face stiffer penalties under the more serious charge Driving While Intoxicated. Under 21's have a reduced BAC limit of 0.02%.

Operation DWI is a campaign in New Mexico which is held 6 times a year which targets those who drive under the influence of alcohol or drugs. During each campaign, there are around 100 “sobriety checkpoints”, which are accompanied by a massive advertising and information campaign.

Conviction Punishment
First Maximum 90 days in jail, up to $500 fine plus court costs, possible community service, attendance at DWI School and probation. 90 day revocation of license
Second Minimum of 3 days in jail up to a maximum of 364, fine of between $750 and $1000, license revocation of between 1 and 10 years.
Third Mandatory 30 day jail term and fine of between $750 and $1000 plus court costs. License revocation for between 1 and 10 years if it is your third conviction within a ten year period.
Fourth - Felony if within 10 years 18 month prison sentence plus minimum 1 year revocation of license.

Contact your Albuquerque DUI lawyer