Drunk driving defense is a specialized area that shouldn’t be entrusted to an amateur. The experienced attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the knowledge needed to aggressively defend a DWI / DUI arrest anywhere in New Mexico. During a free consultation, a skilled defense lawyer will outline an effective strategy designed to protect the driver’s rights and keep negative consequences to a minimum.

New Mexico DWI / DUI arrests trigger two separate cases: a criminal court case, and a Motor Vehicles Division case. The criminal court case carries punishment that includes jail time, fines, mandatory DWI educational programs, and ignition interlock devices. The MVD case can bring driver’s license suspensions from 90 days to one year or more.

Both cases require expert legal attention, but the MVD case is far more time-sensitive. Any motorist arrested for DWI, driving under the influence, or any related New Mexico drinking and driving case must request a hearing with the Motor Vehicles Division. If the driver fails to request a MVD Hearing on a timely basis, his or her license may be automatically suspended.

New Mexico DWI / DUI cases are prosecuted using one of two theories – either driving while intoxicated, which focuses on the driver’s mental and physical abilities, or violating the state’s “per se” laws, which is another way of saying the driver had a blood alcohol content (BAC) of .08 percent or greater.

Prosecutors pursue driving under the influence cases using circumstantial evidence such as driving patterns, field sobriety test performance, and chemical test results. A skilled DWI defense lawyer can successfully challenge each type of evidence in a New Mexico drunk driving case.

The per se allegation is pursued using the driver’s chemical test results. The prosecutor will use blood or breath test results in an attempt to prove that the driver’s BAC was .08 percent or more – now the legal limit in all 50 states. However, chemical test results can be successfully challenged. An experienced drunk driving defense lawyer will argue that a chemical test taken hours after the driver was last behind the wheel doesn’t necessarily mean that he or she exceeded the legal limit.

If convicted, the punishment for drunk driving can be harsh. A first-offense DWI / DUI is punishable by up to 90 days in jail, a fine of up to $500, and about $200 in court costs. The driver also may be ordered to attend a first offender program, also called DWI School, and alcohol screening with counseling; do community service; attend the victim impact panel; and serve probation resulting in fees of about $150.

If a first-time drunk driving offense is an aggravated DWI / DUI, a minimum of 48 hours in jail is mandatory in addition to the other penalties. Aggravated DWI includes driving with an BAC of .16 percent or greater, causing bodily injury, or refusing to submit to a chemical test.

A second DWI / DUI offense is punishable by three to 364 days in jail and a mandatory fine of $500 to $1000. It also requires about $250 in fees, probation, community service and a one-year license revocation. And aggravated second DWI offense requires at least seven days in jail.

A third DWI offense is punishable by a mandatory minimum 30 days in jail, and a fine of $750 to $1000 on top of the other penalties. The driver’s license will be revoked for one to 10 years. An aggravated DWI third offense carries a 90-day mandatory jail sentence.

A fourth DWI offense within 10 years will be charged as a felony punishable by 18 months in prison. In addition to fines and other penalties, drivers convicted of a felony will also lose the right to vote and own firearms.

In addition to the criminal case triggered by a New Mexico DWI / DUI case, the motorist also faces an administrative case that threatens the status of the driver’s license. The New Mexico Motor Vehicle Division has control over the administrative case following a drunk driving arrest.

A driver that loses an MVD administrative hearing after a first-time DWI / DUI arrest will have his or her license suspended for 90 days. If the driver refused a chemical test, the license will be suspended for one year with no opportunity for a restricted license.

If the driver has previously had his or her license revoked for DWI through an MVD civil hearing, a one-year license suspension will be imposed with no possibility of a work permit or a limited license.

The consequences of a New Mexico drunk driving arrest can be severe, but it’s important to remember that DWI / DUI cases can be fought and won. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation and outline a specialized defense strategy designed to minimize or eliminate the negative repercussions of a drinking and driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.