What Is Aggravated DUI?
Driving under the influence (DUI) is a serious offense, but some situations can turn a standard DUI into something more severe—an aggravated DUI. So, what is aggravated DUI, and how does it differ from a regular DUI charge? In New Mexico, this charge involves specific factors that carry heavier penalties than a standard DUI.
If you or someone you know is facing an aggravated DUI charge, understanding the aggravated dui meaning and how it could impact your life is crucial. Being informed helps you make the best decisions moving forward.
What Is an Aggravated DUI Under New Mexico Law?
First, let’s be clear about what an aggravated DUI is. An aggravated DUI in New Mexico occurs when a driver is accused of driving under the influence while one or more of the following factors is present:
- Having a blood alcohol content (BAC) of 0.16% or higher, which is double the legal limit of 0.08%;
- Refusing a breathalyzer or other chemical test when asked by law enforcement; or
- Causing severe injury or death to another person
These factors indicate that the driver’s actions were extremely reckless, requiring more severe legal consequences to deter similar future misconduct. These circumstances make the offense much more serious than a typical DUI, resulting in harsher punishment and legal fallout.
Can I Refuse a Breathalyzer or Other Chemical Test?
No. Under New Mexico’s Implied Consent Act, if you are suspected of driving under the influence, you must submit to a breathalyzer or other chemical test as a condition of exercising your driving privileges.
What Is the Punishment for Aggravated DUI in New Mexico?
If you’re wondering what the punishment for an aggravated DUI charge is, it’s essential to understand that New Mexico imposes strict penalties on those convicted. The punishment varies depending on whether it’s a first-time or repeat offense. Generally, a conviction includes both legal and personal repercussions.
For a first aggravated DUI conviction, penalties may include:
- Mandatory jail time of at least 48 hours, regardless of whether the individual has any prior offenses;
- Fines that can exceed $1,000, depending on the circumstances;
- License revocation for a significant period with reinstatement requiring additional steps;
- Vehicle impoundment; and
- Installation of an Ignition interlock device (IID), which prevents your car from starting if your BAC exceeds a certain limit.
Repeat offenders may face penalties that include up to a year in jail, tens of thousands of dollars in fines, and extended probation periods with mandatory treatment. Each subsequent conviction carries more severe consequences, including permanently revoking your driver’s license.
Beyond the immediate legal consequences, an aggravated DUI conviction can have long-lasting effects on your life. It may lead to job loss, increased insurance premiums, and even difficulty renting a home. A DUI conviction can also impact obtaining professional licenses or certifications.
What Should You Do If You’re Charged with Aggravated DUI?
Being charged with an aggravated DUI can be overwhelming, especially given the potential for significant penalties. If you are in this situation, don’t worry about the technicalities of the aggravated DUI meaning. Your lawyer will explain the relevant technicalities to you. Your important first step is to understand your rights and protect yourself legally.
Hiring an experienced DUI defense attorney is crucial. A skilled attorney will protect your rights, examine the evidence, negotiate with the prosecution, and investigate potential outcomes such as reduced charges or penalties.
We Are Your Aggravated DUI Advocates
At New Mexico Criminal Law Offices, our team focuses on defending individuals facing DUI charges, including aggravated DUI. Whether it’s questioning the legality of the traffic stop, challenging BAC results, or negotiating plea deals, we offer skilled, dedicated representation.
We have a track record of successfully defending clients against even the most serious charges.
If you’re facing aggravated DUI charges, contact our office today to discuss your case and how we can help.
Understanding aggravated DUI charges is crucial for anyone affected by DUI laws. Here are more topics you might find useful:
- What Happens if You Get a DUI in New Mexico?
- Penalties for DUI in New Mexico
- How Do People Live After a DUI?
- What Are the Classifications of a DUI?
- Do You Always Lose Your License after a DUI?
Resources:
- DUI Laws in New Mexico, National College for DUI Defense (2023), link