Facing an impaired driving charge triggers immediate fear and confusion. The world of legal acronyms, DUI, DWI, OWI, can feel like a foreign language, leaving you to wonder about the severity of your situation. You might be asking yourself, Is DWI worse than DUI, or does one carry harsher penalties than the other? The simple answer in New Mexico is that the law does not distinguish between the two in terms of severity because they are treated as the same offense.
In New Mexico, the legal system primarily uses the term DWI, which stands for driving while intoxicated. This single charge encompasses all forms of impaired driving, whether from alcohol, illegal drugs, or even prescription medication.
The Real Difference Between DUI and DWI in New Mexico
Is DUI worse than DWI? While some states have separate statutes for driving under the influence (DUI) and Driving While Intoxicated (DWI), often differentiating by the substance involved or the level of impairment, New Mexico simplifies this. The state’s primary impaired driving law consolidates these concepts under a single charge.
According to New Mexico law, you could be guilty of DWI if you drive a vehicle while impaired by alcohol or drugs—meaning that the substance is affecting your ability to operate the car safely. The statute also makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher, or 0.04% for commercial drivers.
How Does the State Prove Its Case?
To find you guilty of DWI, the State must prove one of two things beyond a reasonable doubt:
- Impairment to the slightest degree. The prosecutor can use evidence to argue that your ability to drive was impaired, even minimally. This evidence often includes the officer’s observations of your driving pattern, physical appearance, performance on field sobriety tests, and any statements you made.
- Per se BAC violation. Alternatively, the State can prove that your BAC was at or above the legal limit at the time of driving, which is typically established through the results of a breath or blood test. This is considered a “per se” violation, meaning the act itself is illegal regardless of whether you appeared visibly impaired.
Understanding the evidence the State will use is crucial for identifying weaknesses in their case and building an effective defense strategy. An experienced criminal defense attorney scrutinizes every piece of evidence. They are looking for police mistakes or violations of your rights during the investigation and arrest. Your lawyer can file motions to suppress critical evidence based on constitutional violations, such as illegal stops, searches, or seizures. They can also look closely at the testing procedures and machine maintenance to find errors in administering the blood or breath test that call its accuracy into question.
Penalties
Is DUI worse than DWI? Because there is no legal difference between DUI and DWI in New Mexico, the law treats these charges as the same offense. Debating which is worse is a distraction that misses the point. They are the same charge and carry the same penalties, regardless of what term you use.
A DWI conviction carries significant penalties that escalate with each subsequent offense. These consequences are designed to be severe and can impact your life for years to come. A conviction for DWI can result in the following penalties:
- First offense—a misdemeanor conviction that can include up to 90 days in jail, fines of up to $500, mandatory DWI school, ignition interlock device installation for one year, and community service;
- Second offense—a misdemeanor with mandatory jail time of at least 96 consecutive hours, fines up to $1,000, lengthy probation, and an ignition interlock device requirement for two years;
- Third offense—a misdemeanor charge that carries a mandatory minimum of 30 consecutive days in jail, substantial fines, and an ignition interlock device requirement for three years; and
- Fourth and subsequent offenses—a felony conviction with a mandatory minimum of six months in prison, significant fines, and a lifetime license revocation (with a possibility of review after five years).
These penalties demonstrate that any DWI charge in New Mexico is a serious matter with lasting consequences.
The bottom line is that in New Mexico, a DWI and DUI are two words for the same thing: a criminal charge that threatens your freedom and your future. A conviction creates a permanent criminal record that follows you, potentially impacting your employment, professional licenses, and even housing opportunities. Instead of getting lost in the terminology, the most critical step is to build a strong defense against the State’s allegations.
How New Mexico Criminal Law Offices Can Protect You
When your freedom is on the line, the focus of your legal team matters. You need attorneys who live and breathe criminal law, not general practitioners who handle DWI cases on the side. At New Mexico Criminal Law Offices, our practice is devoted 100% to criminal defense.
Our attorneys bring over three decades of combined experience and have handled thousands of cases, ranging from simple DWIs to complex federal conspiracies and homicides. This exclusive focus means we have spent our careers in the criminal courts, developing strategies to challenge the prosecution’s evidence and protect our clients’ rights. Attorneys Jack Mkhitarian, Kenneth Gleria, and Jordan Haddad have dedicated their professional lives to the singular goal of defending the accused. We bring the full weight of this focused experience to every case we take on.
Take Action Today to Protect Your Rights
A DWI charge can be overwhelming, but you do not have to face it alone. The decisions you make now will have a profound impact on the outcome of your case. An experienced defense attorney can help you navigate the legal process, protect your rights, and fight for a favorable result. Contact New Mexico Criminal Law Offices today to discuss your case and learn how we can help you move forward.