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What are the penalties for DWI in New Mexico?
In addition to the penalties for DWI, If you are convicted of Aggravated DWI you will face the following MANDATORY additional penalties:
DWI Penalties for offenders age 18 to 20:
You can refuse to take a breath or blood test but this can have serious consequences with regard to your driver's license. The advantage of not taking the test is that it is harder for the State to prove that you were intoxicated at trial, especially if you have also refused the field tests. However, a refusal will likely result in the revocation of your driver's license for a year, even if you were not intoxicated at the time. If you have no previous convictions for DWI and have not been involved in a serious auto accident then you should probably agree to take the breath or blood test.
What happens if I drive with a DWI suspended license in New Mexico?
You will face the following penalties:
In New Mexico you can receive a limited license if you are a 1st time DWI 1st offender, with a license revocation of 90 days (or six months if you are under 21) you should apply for a limited license immediately and receive it after the first 30 days of revocation. People with suspended or revoked licenses need to pay $45, have proof of current financial responsibility, and have proof of employment and/or school, with the hours necessary for operation of your vehicle, proof of alcohol counseling and proof of registration at a certified DWI school if it was a DWI revocation. People who are revoked for one year or more due to a DWI revocation are not permitted a limited license except under very specific new laws relating to the use of an "Intoxilock."
The criminal case is brought by the government and can result in jail, fines, probation and loss of license. The jail time, fines and other penalties vary depending on how many convictions you have and whether you are charged with aggravated DWI. Aggravated DWI may be charged if you refuse to take the chemical blood or breath test requested by the officer, have an alcohol level of .16 or more or cause an accident with injuries. You can be guilty of a DWI even if you had nothing to drink but had medication or narcotics.
If you do not perform any one part of the sentence you receive, the law requires the prosecuting attorney to issue a bench warrant for your arrest. If you missed a part for a good reason, then the Judge can allow you to make up a portion. Best thing to do is make a schedule you can keep to in the beginning. If you get a bench warrant, not only do you risk going to jail again but a $100.00 warrant fee is assessed so you end up paying more money.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.