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You are here: Home / Laws / What to Do After Your First New Mexico DWI?

July 28, 2017

What to Do After Your First New Mexico DWI?

New Mexico DWI first offenseYour first New Mexico DWI will land you in some pretty serious trouble, including possible jail time and an ignition interlock requirement. The state has a strict stance against drunk drivers to help the state to reduce the number accidents and injuries on the roads. Despite the strict New Mexico DWI law, no DWI is immediately punished by the court. Instead, you have 10 days to try and prove your innocence in the face of a DWI charge… at least with the DMV.

From  NM Stat § 66-8-102: P. An offender who obtains an ignition interlock license and installs an ignition interlock device prior to conviction shall be given credit at sentencing for the time period the ignition interlock device has been in use.

New Mexico has an administrative license revocation (ALR) policy. That ALR policy gives your arresting officer the authority to revoke or suspend your driver’s license as a result of your DWI arrest (whether you failed or refused the blood alcohol concentration (BAC) test). In exchange, you are allowed 10 days to get your affairs in order and file for a hearing with the DMV to challenge your drunk driving charge. 10 days gives you time to talk to a lawyer and even install an ignition interlock device, especially since the DMV ALR ruling will be separate from your DWI hearing in court.

Getting back to where you were before a DWI can be a long process, even with the help that New Mexico provides to an offender. You have probably already made plenty of personal commitments to sober driving, including installing your interlock. Few people set out to drink and drive, and it is what you do after you are arrested for DWI, that shows that you are truly committed to a much more responsible and safe future than ever before.

Article by Editorial Staff Filed Under: Laws

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