There are numerous and severe consequences for DWI / DUI in New Mexico. Some of these consequences are even in the absence of a conviction. The same arrest for DWI / DUI has independent effects on the results of the subsequent criminal proceedings. Until first DWI / DUI the person has a mandatory minimum sentence. Mandatory minimums are established by law and judges across New Mexico.
In cases of aggravated DWI / DUI, legal minimums are increased. Similarly, subsequent arrests and convictions also increase the legal minimum. The first, second and third conviction for DWI / DUI charges are misdemeanors. A fourth or fifth subsequent arrest for DWI / DUI, immediately three previous convictions, is a felony charge with 4th grade sentence of 18 months in prison.
In addition to the criminal penalties, there are the consequences of driving privileges in New Mexico. The situation with the driver’s license is independent of the criminal consequences. In fact, you may even lose your driver’s license even though the DWI / DUI are dismissed or you may later be acquitted at trial. MVD procedures are performed separately. It is important that you comply strictly with the rules and procedures of MVD meaning they send your requirement to MVD Hearing within 10 days of the arrest.
The New Mexico legislature, courts, prosecutors and law enforcement are very serious in terms of enforcement and prosecution of laws DWI / DUI. The news constantly remind us of the seriousness of offenses related to fatalities DWI / DUI which reach the front pages of New Mexico. This state undergoes nearly 200 related DWI / DUI deaths each year. In the United States there were nearly 12,000 deaths in 2008 related only to DWI / DUI. Notably, these figures are actually improved compared to previous years thus suggesting that rough treatment of DWI / DUI is having some impact on the problem in both New Mexico and the rest of the country. As such, it is expected that the penalties will be even more severe in the coming years. This is, indeed a constant refrain of the Legislature, the Governor, and many in the audience who give impetus to the idea of a mandatory time even jail for the first offense.
In short, DWI / DUI are taken very seriously in New Mexico. As such, you should take it seriously too. Do not drive drunk! Not even a little bit. The consequences are just too great. If you are arrested for DWI / DUI, seek the assistance of a lawyer DWI / DUI in New Mexico. If you cannot afford an attorney, pay close attention to deadlines in your case. The absence of a lawyer does not excuse you of the consequences for missing deadlines.