Every day and night across this country, citizens make the choice to drink and drive. In New Mexico the laws governing DWI’s are many, as it is one of the states with the highest incidents of driving under the influence. The state reports that alcohol is a factor in 40 percent of traffic fatalities. Each time a person dies as a result of a drunk driver, there is a New Mexico felony DWI charge.
There are several levels of penalties in New Mexico’s DWI law that are dependent on the circumstances surrounding a drunk driving charge: DWI, Aggravated DWI, and New Mexico Felony DWI. A DWI means that your BAC is at or above 0.08% or you are visibly impaired. An aggravated DWI means your BAC at or over 0.16% and/or death or injury resulting from your intoxicated driving.
If you are charged with a DWI or an aggravated DWI, it is a misdemeanor for your first through third offenses. DWI penalties for a first offense include, but are not limited to; 6 months to 1-year license suspension, DWI school, community service, ignition interlock device for 1 year, and up to 90 days in jail. You will face added jail time for an aggravated DWI.
New Mexico Felony DWI occurs on your fourth DWI offense. Penalties include:
- Lifetime license revocation with a court review in 5 years
- Up to $5,000 fine
- Alcohol evaluation and treatment
- Up to 18 months in prison, 6 months mandatory
- Lifetime ignition interlock with a 5-year review
Being charged with a New Mexico Felony DWI will have lasting repercussions on your life. Not only does a felony conviction result in a loss of freedom, but you lose many of the rights we enjoy as American citizens. You will have to provide information to potential employers of your felony conviction, possibly disqualifying you from employment. Be smart, plan ahead, and don’t drink and drive.