DUI Rights Help in New Mexico – NM DUI Laws
DUI Rights in New Mexico
Having a Driving Under the Influence (DUI) conviction on your criminal record and your driving record is not something that should be taken lightly. Those who are charged and convicted of DUI in the state of New Mexico, whether it be in cities like Albuquerque, Santa Fe, Roswell, or anywhere else in the state, face not only a license suspension, fines, penalties, and time in jail but also disruptions to their long-term financial situations, like having to pay higher car insurance premiums than the average person.
Lookback Period for DUI in the State of New Mexico
Most states have what is known as a lookback period when it comes to DUI convictions – this is the amount of time a DUI will remain relevant and count against and individual should they receive additional DUI charges. For the state of New Mexico, there is no lookback period, which means all DUI convictions from any time in the past will be counted as relevant for the new charge. This is why it is so important to have your DUI case reviewed by someone like the professionals at DUIRights.com.
What Are Your DUI Rights in the State of New Mexico?
Some states do allow drivers to plead guilty to a charge less serious than Driving Under the Influence, such as wet reckless, in order to avoid having it on their criminal record and lessen the penalties. Unfortunately, New Mexico is not one of those states, so the only possible way to avoid the consequences of a DUI conviction is to have the case dismissed and the charges dropped. A DUI lawyer will want to know the details of the arrest to help determine whether or not the client’s rights were violated – in order to do this, they will want to know the answers to the following questions:
- Did the law enforcement official see the client operating the vehicle? Was the vehicle in park when the traffic stop occurred?
- What did the law enforcement officer cite as the reason for performing the traffic stop?
- Did the law enforcement officer perform any field sobriety testing?
- Did the law enforcement officer administer a Breathalyzer test? When was this test administered?
- Were the law enforcement officer’s observations consistent with other eye witnesses?
- Did the law enforcement officer recite the client’s Miranda Rights to them when they were being detained? Was the client clear on what their rights were during this time?
Protect your rights and learn how to get your New Mexico DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your New Mexico DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorney you need to win your case.
DUI Laws in New Mexico
New Mexico continues to be one of the tougher states in the country in terms of DUI fines and penalties. Jail sentences and suspensions are very long when compared to other states, even for first time offenders. In addition, the state requires an Ignition Interlock Device on all violations.
Consequences for Refusing to Take Chemical Tests
New Mexico is an implied consent state, meaning there are automatic fines and penalties for refusing to take chemical tests if you are stopped for a DUI:
- First offense – one year license revocation
- Second offense – one year license revocation
- Third offense – one year license revocation
Challenging BAC Levels in Court
All blood alcohol content (BAC) levels for DUI in New Mexico are consistent with those in other states:
- Drivers that are under the age of 21, .02 percent
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in New Mexico?
New Mexico does require mandatory jail time for all offenders:
- First offense – up to 90 days in jail
- Second offense – minimum of 96 hours and up to 364 days in jail
- Third offense – minimum of 30 days and up to 364 days in jai
- Fourth offense – minimum of 6 months and up to 18 months in jail
- Fifth offense – between one and two years in jail
There is no lookback period in New Mexico
Monetary Fines and Penalties for DUI in New Mexico
New Mexico has a flexible schedule of fines for all violations with maximum fines in place:
- First offense – up to $500 in fines
- Second offense – fines ranging from $500 to $1,000
- Third offense – fines ranging from $750 to $1,000
- Fourth offense – up to $5,000 in fines
- Fifth offense – up to $5,000 in fines
License Suspension for DUI in New Mexico
License suspensions in New Mexico are some of the longest in the country with the possibility of losing your license permanently for repeat offenses:
- First offense – up to one year suspension
- Second offense – two year license suspension
- Third offense – three year license suspension
- Fourth offense – lifetime suspension (five year review period)
- Fifth offense – lifetime suspension (five year review period)
In New Mexico, you will be required to have an IID installed for any DUI violation.
Finding a DUI Lawyer in New Mexico
Individuals who have been arrested and charged with a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) offense in the state of New Mexico face some serious penalties if found guilty. In this particular state, first offenders will lose their license for a period of 90 days, and second and third offenders will lose their license for a varied amount of time based on the nature of the arrest. Additionally, first offenders will also be required to take alcohol education courses.
Because this crime carries such heavy penalties it is important to not take a DUI or DWI charge lightly. The license suspension associated with this charge will take effect as soon as the offender is arrested, so it is important to act quickly when it comes to retaining legal counsel and submitting a request for an administrative hearing. While the suspension will be decided during this hearing, the offender’s guilt and charge of the DUI or DWI will take place in a separate court hearing.
As you can see, DUI laws in New Mexico are very tough with the potential for lifetime repercussions, anyone arrested should want to seek the advice of a local attorney. You should also know, in New Mexico, there is no chance to plead to the lesser charge of wet reckless, so you must fight the case outright to avoid a DUI charge showing up on your record. To get a DUI Rights sponsoring attorney as well as have your case evaluated free, please fill out the DUI evaluation form today.
Why You Need a DUI Attorney in the State of New Mexico
It is important to have legal representation available for both the administrative DUI court hearings in order to provide the best possible chance of a favorable outcome. An attorney will be able to act on the offender’s behalf and take a close look at the evidence being presented by the case for the DUI charge. In some cases, attorneys will be able to spot issues with the state’s case or areas where the offender’s rights were violated which can help to have the charges reduced or even dismissed.
Depending on the offender’s economic standing, he or she may not have to provide his or her own representation. An offender can solicit representation from a public defender at no charge. Although taking free representation is appealing, it is important to note that some public defenders do not have the full range of knowledge needed to properly work the case. Often times, they will suggest a plea bargain, in which case the individual may face unnecessary consequences.
Benefits of Hiring a Private Practice DUI Attorney
While private practice attorneys are more expensive to hire as representation, it can often benefit the offender in having the DUI or DWI charge reduced or dismissed. DUI attorneys know the ins and outs of DUI law and can often find flaws in the case that will work in their clients favor. A knowledgeable, practiced lawyer is able to take miss-steps by an office or omission in paperwork and use it as leverage to help the client face fewer punishments or have the case thrown out.