First Offense DWI in New Mexico

The official term used in New Mexico for offenses concerning driving or operating a vehicle while intoxicated is Driving While Intoxicated (DWI). Typically, the term DWI is used interchangeably with Driving Under the Influence (DUI). Both describe the offense of operating any type of motor vehicle while intoxicated by alcohol, drugs, or any other controlled substance.

New Mexico DWI offenses are classified as petty misdemeanors with serious consequences for even first-time offenders. Potential penalties include license suspensions, fines, community service, substance abuse screening, DWI school attendance, and jail time.

What Qualifies as a First DWI in New Mexico?

A first-time DWI in New Mexico is a driver's first violation of New Mexico Statutes Section 66-8-102. These laws make it illegal for drivers to operate any form of motor vehicle while under the influence of drugs or with a blood alcohol level above the legal limit. In New Mexico, a driver's blood alcohol concentration (BAC) determines if they are considered intoxicated. The BAC is the amount of alcohol in a person's blood and is typically expressed as a percentage. The legal BAC limits for adults, minors, and commercial drivers are 0.08%, 0.04%, and 0.02%, respectively.

Law enforcement in New Mexico uses field sobriety tests (FST) and chemical tests to determine a driver's condition. FSTs include the one-leg stand, walk-and-turn, and the Horizontal Gaze Nystagmus test. These field tests observe a drive to determine balance and coordination. Chemical tests like the breathalyzer and blood or urine tests are used to confirm the driver's BAC.

Possible Penalties for a First Offense DWI in New Mexico

DWI offenses carry severe penalties for convicted drivers, even first-time offenders. Some of these penalties may include the following.

• Fines of up to $500
• Up to 90 days in county jail
• Up to 1 year of probation
• Attending substance abuse screenings and treatment if alcohol and drugs are involved
• Mandatory attendance at a Victim Impact Panel
• At least 12 hours of attendance to DWI school or a first offenders program
• A minimum of 24 hours of community service
• From 6 months to 1 year of license suspension or revocation on a case-by-case basis
• Mandatory installation of an Ignition Interlock Device for up to 1 year after the license suspension ends

Depending on the case, first-time offenders may also face drug court programs, vehicle immobilizations, and additional jail time.

Do You Lose Your License for a First DWI in New Mexico?

Yes, drivers can lose their license after being arrested for a DWI, even without conviction. The first suspension at arrest is called an administrative suspension, and depending on the situation, it can last from 6 months to 1 year. Administrative suspensions are also known as implied consent revocations. Being convicted of DWI at the end of the case may lead to additional suspensions.

New Mexico offers hardship or restricted licenses after a DWI. These licenses permit drivers to use their vehicle for specific purposes such as school, medical visits, and work during the suspension. To obtain one, a driver must meet certain stringent conditions, including paying particular fees and installing an ignition interlock device.

What Is the Implied Consent Law in New Mexico and How Does It Affect First DWI Cases?

The Implied Consent Act for New Mexico states that any person who operates a motor vehicle in the state is deemed to have given automatic consent for chemical tests of both breath and blood when requested by a law enforcement officer to determine a DWI. If a driver refuses to accept this test, their license may be automatically suspended under an administrative or implied consent revocation. Drivers should note how such a refusal may affect them in court, as it may be seen as knowledge or admission of guilt.

Administrative suspension generally lasts 6 months to a year, depending on the case. A driver has 10 days from the arrest day to contest the suspension by requesting a hearing with the state Motor Vehicle Division in writing.

Is an Ignition Interlock Device Required for a First DWI Offense in New Mexico?

All drivers convicted of DWI in New Mexico, including first-time offenders, must install an Ignition Interlock Device (IID) on their vehicle. This law applies to all convicted offenders, no matter the situation. The IID must be installed on the car for 6 months to one year after the expired license suspension. Drivers convicted of DWI are responsible for any costs connected to the IID, including the initial rental fees, any servicing or calibration, and removal of the device at the end.

Can a First DWI Be Dismissed or Reduced in New Mexico?

In New Mexico, DWI charges can be reduced for various reasons. Prosecutors may be willing to reduce DWIs to reckless driving or dismiss the cases for several reasons, including borderline BAC levels, the absence of accidents or injury, and weak evidence for a case. A defense attorney may also be able to challenge the charge for a lower one or a dismissal if the case shows procedural errors or violations of the driver's rights.

New Mexico has two state programs that may lead to dismissal of charges after successful completion. The Pre-Prosecution Diversion Program (PPD) and the Deferred Adjudication program offer the chance to undergo several processes under probation and supervision, which can lead to dismissal of cases if completed successfully.

Long-Term Consequences of a First DWI

A DWI conviction can have long-term consequences even for a first-time offender. Apart from remaining on the driver's record permanently, a DWI will affect a driver financially by causing a serious increase in insurance premiums and court costs, fees, and fines associated with the conviction. A criminal record for a DWI will also affect employment opportunities, especially in fields that require high responsibility or operating a vehicle. Employers may see an offender as a risk or someone showing poor judgment.

Do You Need a DWI Attorney in New Mexico?

Hiring a DWI attorney for cases in New Mexico is a common option, as a conviction can have severe effects, including jail time, large fines, and suspended licenses. Using an attorney is an essential step to reducing the impact of a DWI offense on the driver's life. A skilled attorney can help navigate the New Mexico legal system, develop a defense strategy based on the case's particulars, explain the process, protect the driver's rights, and maybe obtain a reduction or dismissal of the charges.