repeat offenderFacing charges as a repeat offender in Albuquerque is a serious situation that requires immediate attention. Repeat offenses, particularly DUI charges, carry severe penalties that can significantly impact your freedom, finances, and reputation. In New Mexico, the legal system treats these cases with heightened scrutiny, making it essential to have a dedicated defense team by your side. 

According to the University of New Mexico, there were 1,398 repeat DWI convictions statewide in 2022, with 273 in Bernalillo County, where Albuquerque is located. This high volume of repeat convictions highlights the pressing need for skilled legal representation if you find yourself in a similar situation. At New Mexico Criminal Law Offices, we are here to protect your rights and help you fight for the best possible outcome in your case.

Repeat Offender Meaning

What is a repeat offender? In New Mexico, a repeat offender is an individual charged with a crime after previously being convicted of one or more criminal offenses. This status often results in harsher penalties due to the perceived pattern of criminal behavior. The state’s habitual offender statute, outlined in NMSA § 31-18-17, allows for enhanced penalties based on the number and type of prior convictions. These enhancements deter repeated criminal behavior by imposing stricter consequences, particularly for felonies.

The law categorizes repeat offenders based on their criminal history. For example, a person with one prior felony conviction may face an additional one-year enhancement to their sentence, while those with two or more prior felonies could see additional time ranging from four to eight years. Certain crimes, such as violent felonies or DUIs, carry even stricter penalties for repeat offenses.

Importantly, not all prior convictions automatically qualify for sentence enhancements. The offenses must meet specific criteria, such as being recent or similar in nature to the current charge.

Repeat Offender DUI Charges

You can have your sentence enhanced if you’ve had multiple convictions for many types of charges, including theft offenses and drug-related crimes. However, driving under the influence is one of the most commonly repeated offenses in Albuquerque. Repeat DUI charges carry escalating penalties, including longer license suspensions, higher fines, and the potential for the State to elevate the DUI to a felony. 

Consequences

Repeated DUI convictions in New Mexico carry serious penalties that increase with each subsequent offense. Understanding these consequences is essential to preparing a defense and minimizing the impact on your life.

  • License suspension. If you have repeat DUI convictions, you could be forced to endure extended periods without driving privileges. If you’ve ever had to live without driving privileges, you know that being unable to drive can seriously disrupt your daily life and limit your independence.
  • Ignition interlock requirements. The judge can and likely will order you to install an ignition interlock device to monitor your alcohol consumption. This device requires you to blow into it so it can detect the presence of alcohol in your system and stop you from driving if you’ve been drinking. 
  • Felony charges. Repeated offenses may lead the prosecutor to elevate your charge to a felony. Felonies can result in more severe penalties and lasting impacts on your record and reputation.

Taking immediate action is crucial if you are facing repeat offender DUI charges. 

Your Rights As a Habitual Offender

habitual offenderNew Mexico designed its habitual offender laws to discourage repeated criminal behavior, often leading to harsher penalties, such as extended prison sentences and increased fines. However, you still have rights the court must uphold throughout the legal process. The U.S. Constitution guarantees your right to due process, legal representation, and a fair trial, regardless of your criminal history. The prosecution must prove the current charges against you beyond a reasonable doubt using lawfully obtained evidence.
If convicted, you can also challenge the validity of prior convictions used to enhance your sentence, or you could possibly appeal the conviction or sentence.

    Challenging the Validity of a Previous Conviction

    In New Mexico, you can challenge the validity of a prior conviction used to enhance your sentence under the habitual offender statute if there are legal or procedural issues surrounding that conviction. Common grounds for challenge include:

    1. Lack of legal representation. If you were not represented by an attorney and did not knowingly waive your right to counsel in a prior case, that conviction may be invalid for the purposes of sentence enhancement.
    2. Constitutional violations. If the prosecution obtained the conviction in a way that violated your constitutional rights—such as through unlawful searches, coercion, or procedural errors—it may not qualify as a predicate offense.
    3. Incorrect or incomplete records. You can also challenge the accuracy of the records used to establish the prior conviction. For example, if the prosecution cannot provide certified records of the prior conviction, it may not be valid for enhancement purposes.
    4. Improper plea process. If you pled guilty or no contest in a prior case but did not fully understand the consequences or were not properly advised by your attorney, you might have grounds to challenge that conviction.

    The process for challenging a previous conviction typically involves filing a motion to strike the conviction during the pre-sentencing phase of your current case. This requires presenting evidence and legal arguments to show why the conviction should not count against you.

    The Right to Appeal a Conviction or Sentence

    Even if you are convicted and face habitual offender status, you retain the right to appeal your conviction or the sentence imposed. Grounds for appeal may include:

    1. Trial errors. If the judge allowed improper evidence, denied valid objections, or failed to provide the jury with appropriate instructions, these issues could be the basis for an appeal.
    2. Ineffective assistance of counsel. If your attorney failed to competently represent you—such as by not filing critical motions, presenting key evidence, or advising you of plea deal consequences—you may have grounds to challenge the conviction or sentence.
    3. Excessive or improper sentencing. If the enhanced sentence was applied incorrectly, such as using an ineligible prior conviction or miscalculating the enhancement, you can appeal the sentence.

    Appeals must be filed within a specific timeframe after sentencing, typically 30 days in New Mexico. The appellate court reviews the trial record and considers legal arguments to determine whether errors occurred that warrant reversing the conviction, modifying the sentence, or ordering a new trial.

    Are You Facing a Second or Third DUI Conviction in New Mexico?

    If police recently arrested you for a DUI or another charge and you have at least one prior conviction, you’re likely facing enhanced penalties. That makes it even more important to ensure you have a robust defense. At the New Mexico Criminal Law Offices, we have extensive experience protecting the rights and freedoms of clients charged with repeat DUI and other crimes. We know what it takes to mitigate your exposure and ensure that your case has as little impact on your future as possible. To learn more, call the New Mexico Criminal Law Offices or connect with us through our secure online contact form.