How Long Does a DWI Stay on Your Record in New Mexico?
A DWI conviction in New Mexico stays on your driving record for 55 years. A DWI conviction will remain on your criminal record permanently. The harsh penalties imposed with a DWI conviction emphasize the need to hire a criminal defense lawyer to help you fight the charges you are facing. A DWI conviction can also prohibit you from:
- Qualifying from certain apartment complexes,
- Obtaining gainful employment, or
- Receiving scholarships for higher education.
In limited cases, you can petition the court to expunge dismissed DUI charges from your permanent record. Otherwise, everyone can see your arrest and subsequent charges, even if you were acquitted at trial. Our team at New Mexico Criminal Law Offices has extensive experience helping our clients navigate DUI charges and clear their criminal records. Contact our office today to see how we can assist you.
How Long Will a DUI Stay on My Driving Record in New Mexico?
When someone is arrested on suspicion of DUI, they go through two separate proceedings: administrative proceedings and criminal proceedings. If you are convicted of DUI, the conviction stays on your New Mexico driving record for 55 years.
The New Mexico Department of Motor Vehicles handles the administrative penalties involved with allegations of driving under the influence. At the time of your arrest, the officer will confiscate your driver’s license. From the date of your arrest, you have ten days to protest the revocation of your license and twenty days before your license revocation officially takes effect. An attorney can represent you in this license revocation hearing if you contact them immediately after your arrest.
If you refuse the chemical test, you automatically lose your license for a year. Upon your first DWI conviction, the court will revoke your driver’s license for one year. A second conviction receives a two-year revocation and a third conviction receives a three-year revocation.
When your license is revoked, you can only drive with an ignition interlock device installed on your vehicle.
How Long Does a DUI Stay on My Criminal Record in New Mexico?
A New Mexico DUI conviction stays on your criminal record permanently. Additionally, you cannot expunge a DUI from your criminal record in New Mexico, unlike some other convictions. Some non-convictions, like dismissals or acquittals, can be expunged from your record under certain circumstances. Contact our office today to discuss your options.
To deter drunk driving, New Mexico imposes harsher penalties for each subsequent DUI conviction after the first one. A first-time conviction carries a possible jail sentence of up to 90 days in jail, in addition to a fine of up to $500. A second DUI conviction carries a possible jail sentence of up to 364 days, with a mandatory minimum sentence of four days. Additionally, the court can impose a fine of up to $1,000. A third DUI conviction carries a possible jail sentence of up to 364 days with a mandatory minimum sentence of 30 days. Additionally, the court can impose a fine of up to $1,000. As stated earlier, these convictions will stay on your criminal record forever, so no matter how much time has passed since your previous DUI, you will still face enhanced penalties.
Defenses to DUI Charges in New Mexico
A number of legal defenses can apply in a DUI case that might convince the district attorney to reduce or dismiss your charges. A legal defense does not apply to every case. Some defenses often used in DUI cases include:
- Law enforcement stopped you in violation of your rights,
- Someone else was driving the vehicle,
- Someone without proper training or qualifications collected your blood sample,
- The breathalyzer used to collect your breath sample was not calibrated, or
- Law enforcement failed to follow proper procedures when collecting your breath or blood sample.
Contact one of our seasoned DUI attorneys at the New Mexico Criminal Law Offices to discuss whether a legal defense applies to your circumstances.
How Can a DUI Record Impact My Life?
A DUI record can impact your life in numerous ways. As stated earlier, you may lose your driver’s license after your arrest, leaving you unable to drive from place to place. To drive legally in the meantime, you can apply for an ignition interlock license. An ignition interlock license costs $113. To secure the license, you must present a copy of your current contract with an ignition interlock provider and proof of insurance showing that you are a covered driver. You must also provide a notarized ignition interlock affidavit. In addition to the burden of securing an ignition interlock license, you must pay for maintenance and fees associated with the ignition interlock device itself.
A DUI conviction can also impact your ability to secure certain job opportunities. It can prevent you from getting a job where driving a company vehicle is required or you interact with alcohol on a regular basis. Many other industries, like childcare and education, frown upon drunk driving-related convictions.
Contact an attorney at New Mexico Criminal Law Offices today so we can review the details of your case and help you avoid a conviction on your permanent record.
How Long Does a DWI Stay on Your Record in New Mexico? Contact Our Office Today to Find Out
No one is prepared to face a DWI charge or the criminal court process. A conviction can lead to spending time in jail, losing your driver’s license, and paying significant fines. When you find yourself charged with DWI in New Mexico, you should contact a lawyer immediately.
Our team at the New Mexico Criminal Law Offices has represented clients charged with DWI in New Mexico for more than two and a half decades. We take the time to meet one-on-one with our clients and listen to all of your concerns so we can tailor our strategy to your individual case. If you want an attorney who gives you individualized attention to obtain the best possible result, contact the New Mexico Criminal Law Offices today.