nm dwi when can i talk to a lawyer

by Alva Haag 10 min read

The sooner you contact DWI lawyers, the sooner you have a lawyer fighting for you. It is important to get in touch with a DWI attorney immediately after you are arrested. From the moment you contact them, your New Mexico DWI attorney will start building a drunk driving defense for you.

How do I get a DWI dismissed in New Mexico?

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.

What happens when you get your first DWI in New Mexico?

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.

How do you beat a DWI in New Mexico?

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.

Will you spend at least 48 hours in jail for your first aggravated DWI in New Mexico?

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.

How long does a DWI stay on your record in New Mexico?

55 yearsAny DWI conviction will remain on your driving record for 55 years.

Can a DWI be expunged in New Mexico?

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.

What happens if you refuse a breathalyzer in New Mexico?

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.

How long does a DUI stay on your record?

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.

How long does a misdemeanor stay on your record in New Mexico?

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.

Is a DWI a felony in NM?

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.

What is aggravated DWI in NM?

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.

Is DWI the same as DUI in NM?

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.