If the complaint against you is flawed, your attorney may move to dismiss the charges at the arraignment. If you retain an attorney prior to the arraignment, your attorney may request that your appearance at the arraignment be waived and have you sign a document to enter your not guilty plea that way instead.
A DWI conviction may result in a driver's license suspension from 90 days to one year or more. A first offense penalty for DWI in New Mexico is punishable with up to 90 days in jail, up to a $500 fine, or both, and approximately $200 in court costs.
The best way to fight DWI charges in NM today is using legal arguments and motions, especially when there are arrest-specific technicality defenses or police report errors which can get a judge to drop your charges quickly in court.
A first-offense DUI requires at least 24 hours of community service. Jail time. The judge can order up to 90 days in jail, but there is no required jail time unless the DUI is "aggravated." An aggravated DUI is any DUI that involves an injury accident or a BAC (blood alcohol content) of . 16% or greater.
55 yearsAny DWI conviction will remain on your driving record for 55 years.
Can You Expunge a DWI/DUI Arrest or Conviction in New Mexico? You cannot expunge a DWI/DUI arrest or conviction record in New Mexico under state laws. You should fight your DWI/DUI charges if you face them to avoid having a conviction or arrest on your MVD record for 55 years.
In New Mexico, you can lose your driver's license for up to one (1) year if you refuse a breathalyzer test. There are additional consequences that may apply depending upon your case's circumstances, such as increased penalties, jail time, and fines. Driving our state is considered a privilege and not a right.
five to 10 yearsA DUI or DWI usually stays on your driving record for five to 10 years and your insurance record for three to five years. Besides all of the legal trouble that can come with a DUI, your driving record is blemished. A DUI stays on your driving record for five to 10 years in most states.
Two yearsMunicipal ordinance or misdemeanor convictions. Two years from end of sentence. Misdemeanor aggravated battery or 4th degree felony convictions. Four years from end of sentence.
In most cases, a DWI/DUI conviction in New Mexico will result in some jail time and fines, but rarely is it charged as a felony. There are, however, exceptions to this, and your DUI could quickly turn from a misdemeanor offense into a felony.
Aggravated DWI is charged in cases where the driver's breath alcohol score is . 16 or higher, the driver refused the breath alcohol test, or there was an accident involving alcohol. Because of the mandatory 48 jail time, many DWI defendants do not want to risk a conviction of Aggravated DWI at trial.
They are the same. Within the justice system in New Mexico, we refer to most driving under the influence offenses as DWI. From a legal standpoint, there is no difference between this and DUI.