What You Can Expect if You Get Arrested for Your First DWI
If you are charged with a DWI (Driving While Intoxicated) in New Mexico, you may face severe legal consequences, including fines, jail time, and a potential suspension of your driver's license. Here's a detailed look at what you can expect.
Legal Consequences
First Offense:
License Suspension: For a first offense, your driver’s license can be suspended for up to one year. If you are under 21, the suspension period is also one year.
Fines: You may be fined up to $500.
Jail Time: You could spend up to 90 days in jail.
Probation: A first-time offender typically faces up to one year of probation.
Community Service: Expect to complete at least 24 hours of community service.
Education and Treatment: You must attend a DWI school and may be required to participate in a substance abuse screening and treatment program.
Second and Subsequent Offenses:
Increased Penalties: For a second offense, the license suspension is two years, with fines up to $1,000, and up to 364 days in jail. A third offense increases these penalties further, with longer jail times and higher fines.
Felony Charges: A fourth or subsequent DWI offense is classified as a felony, carrying a prison sentence of six to 18 months and fines up to $5,000.
Administrative Actions
Upon being charged with a DWI, two types of actions usually occur: judicial court proceedings and administrative hearings. These actions can result in separate penalties.
Administrative Hearing:
Implied Consent Act: Under this act, if you refuse to take a chemical test (breathalyzer or blood test), your driver’s license can be automatically revoked for one year.
Hearing Request: You must request a hearing within ten days of your arrest to challenge the administrative revocation of your license. If the hearing officer does not rule in your favor, your license will be suspended.
Ignition Interlock Device (IID)
For any DWI conviction, the court will mandate the installation of an IID on your vehicle. The device requires you to pass a breathalyzer test before the vehicle will start. The IID must be installed for:
One year for a first offense
Two years for a second offense
Three years for a third offense
Longer for additional offenses
Additional Considerations
Aggravated DWI: If your BAC (Blood Alcohol Content) is 0.16% or higher, or if you caused bodily harm, you will face aggravated DWI charges, which carry harsher penalties including mandatory minimum jail time.
Underage DWI: Drivers under 21 years old with a BAC of 0.02% or more will face a one-year license suspension. However, underage drivers with a BAC of 0.08% or more face standard DWI penalties.
Seeking Legal Assistance
Given the complexities and severe consequences of DWI charges in New Mexico, it is highly advisable to consult with a qualified DWI attorney who can help navigate the legal system and administrative hearing, protect your rights, and potentially mitigate the penalties you face.