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DRIVING WHILE INTOXICATED
When someone is arrested
in New Mexico for driving while under the influence of
liquor or drugs (DWI or DUI) there are potentially three
separate cases against them. The cases are totally separate
proceedings and Frechette & Associates will provide the representation needed for all stages. Rod and Michelle Frechette have attended hundreds of hours of national conferences in DWI defense and are some of the most experienced DWI defense attorneys in the state of New Mexico. Todd Hotchkiss, a firm associate, is a leader in criminal DWI appeals. The majority of our caseload consists of DWI offenses. Please see our extensive credentials in About
Us.
The DWI or DUI Criminal Case
- The criminal case imposes penalties for DWI which vary
depending on the criminal conviction history of the charged
individual. DWI includes driving under the influence of
alcohol, drugs or medication.
Aggravated DWI is charged when a person:
- Refuses to
take the breath or blood test upon arrest.
- Has a blood/alcohol
level of .16 or greater, or
- Causes an accident with
injuries.
Penalties for 1st offense |
Penalties for 2nd offense |
Penalties for 3rd offense |
Felony penalties for 4th offense and above |
-Up to 90 days jail
-Up to $500 fine
-Approximately $300 court costs
-
DWI School with fees
-1 year license revocation
-
Up to 48 hours community service
-Alcohol/drug screen & counseling
-1 year ignition interlock (see below)
-
M.A.D.D. Victim Impact Panel
-
Up to 1 year probation
-
Aggravated: Minimum 48 hours jail |
-4 to 364 days jail
-
Fine $500 to $1000
-Approximately $300 court costs
-
2 year license revocation
-
Alcohol/drug screen & counseling
-
48 hours community service
-
1 to 5 years probation
-2 years ignition interlock (see below)
-
Aggravated: Minimum 8 days jail. |
-30 to 364 days jail
-Fine $750 to $1000
-Approximately $300 court costs
-Alcohol/drug screen & counseling
-3 yr. license revocation
-96 hours community service
-1 to 5 years probation
-3 years ignition interlock (see below)
-Aggravated: minimum 90 days jail. |
-4th: 6 mos. to 1½ years jail
-5th: 1 year to 2 years jail
-6th: 1½ years to 2½ years jail
-7th: 2 years to 3 years jail
-Fine up to $5000
-Lifetime license revocation
-Lifetime ignition interlock (see below)
-
1 year parole or more, programs vary by jurisdiction
-Loss of right to bear arms and run for public office |
In order to reinstate driving privileges after 5 years
or more of revocation you must petition the district court. These
district court requests can be made every five years.
Some jurisdictions have electronic monitoring programs (usually
ankle bracelets) which would enable you to live at home
and serve a jail sentence. There are special criteria
which must be fulfilled in order to qualify for this
program. A judge may also order it as a condition of pretrial release.
Time in this type of program counts as credit towards any jail sentence.
You may be subject to urine and breath testing, curfew and other
conditions as well.
Some jurisdictions have DWI/Drug Court for people convicted of a subsequent DWI offense.
It is usually voluntary and includes an average of
a year or more intensive outpatient counseling as well as frequent
contact with probation, court personnel and judges. Those who successfully
complete the program sometimes receive credit for time served and
for programs completed.
The Vehicle Forfeiture Case
The vehicle being
driven at the time of the DWI may be seized after
a repeat offense of DWI or Driving While Revoked in some jurisdictions,
especially Albuquerque. A civil hearing must be requested
within five days of the notice to avoid automatic forfeiture of the
vehicle. The vehicle can be seized even if you do not own it.
The
MVD License Revocation Hearing
The MVD civil hearing seeks to take away the DWI offender's privilege to drive more quickly than the criminal trial, whether or not you are convicted of the crime. You can lose
your driving privilege for six months or 1 year in this proceeding.
The hearing must be requested in writing within 10 days of arrest
and sent to Santa Fe MVD with a $25 check or money order, otherwise
you will be automatically revoked 20 days after arrest.
- 6 month revocation:
- If an individual is over 21 years old and the breath/blood test result was a .08 or greater.
- 1 year
revocation:
- 1. Refusal to take the breath/blood test;
or
- 2. License was previously revoked; or
-
3. Person less than 21 years old
and the test result is a .02 or higher.
Driving on a revoked license
will result in arrest and penalties of 7 to 364 days jail, $300 to
$1000 fine, an additional one year loss of license, and potential
vehicle immobilization or forfeiture. Driving privileges will not
be restored until the period of revocation has expired,
application to MVD is made and all fees paid. In order
to qualify for a driving privilege after a license revocation
of 5 years or more, an order of reinstatement from
a district court must first be obtained.
The interlock license may be court ordered
as a condition of release from jail, as part of the
criminal sentence, or may be obtained so the individual
can continue driving while revoked. This license option is available
to all who are revoked. Service providers to install and maintain
a breath alcohol ignition interlock device on a vehicle are available
across New Mexico. See the NM MVD hyperlink in this site for more
information.
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