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As seasoned practitioners in criminal law, we recognize the importance of providing comprehensive information to you and your loved ones regarding your case. Here, we address some of the most current and common questions about DWI in New Mexico.

What constitutes a DWI, and how does it differ from DUI?

As per NM statute number 66-8-102, it is unlawful for an individual to operate a vehicle while under the influence of alcohol and/or drugs. The legal blood alcohol limit varies based on factors such as age and possession of a commercial driver’s license:

  • Individuals under 21 years old cannot drive with a blood alcohol concentration (BAC) of .02 or higher.
  • Commercial drivers are prohibited from operating a vehicle with a BAC of .04 or higher.
  • People 21 years and older face penalties for driving with a BAC of .04 or higher (impaired to the slightest degree standard), while a BAC of .08 or higher is presumptive evidence of impairment.
  • Driving with a BAC of .16 or higher constitutes aggravated DWI, carrying more severe penalties.

In New Mexico, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably, with no distinction between them. Unlike some other states, New Mexico does not recognize a DWAI (Driving While Ability Impaired) offense as a lesser charge.

What are the potential repercussions for a DWI conviction in New Mexico?

A conviction for violating New Mexico’s DWI laws can significantly impact an individual’s life, as it remains 55 years on the driving record and permanently on a criminal conviction record. DWI  conviction and administrative actions may affect the driving privilege, insurance rates, personal budget, career choices, and travel to other countries.

At Frechette & Associates, we recognize the importance of addressing your New Mexico DWI questions in detail. We believe that a consultation with one of our attorneys is the most effective way to provide you with immediate answers. If you are facing DWI charges in New Mexico, rest assured that we will serve as your dedicated defense team, fighting vigorously to protect your rights.