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The Consequences of Repeat DUIs in New Mexico


Criminal Defense for New Mexico Repeat DUI Offenders

alcoholic drink and car keysA DUI in New Mexico means that you have a breath alcohol content or blood alcohol concentration level of 0.08 percent or higher. You can also be arrested for a DWI if you are under the influence of drugs, including prescription medications, and it has hindered your ability to operate the vehicle safely.

DWI convictions come with severe financial and criminal consequences. New Mexico criminal courts often hand out the harshest punishment, including for first-time offenders. However, subsequent offenses are treated harsher in the court, because the statute allows for enhanced punishments.

To prevent you from re-offending, the court will be allowed to increase your sentence and fine, and you might find that the second or third punishment is much worse than the first.

The Penalties for Your First DUI

Your first DWI or DUI comes with a light punishment. You might have six months to one year without a driver’s license, and you might have up to 90 days in jail. However, most first-time offenders rarely go to jail, or they do for only a few days. Therefore, you might not fully learn your lesson after the first one.

However, your second, third, and subsequent offenses are much harsher.

  • Second Offense – A second DWI is still a misdemeanor, but this time you will have a two-year license suspension. Also, you could spend up to 364 days in jail, and you must serve 96 hours of mandatory time. Then, you could pay $500 to $1,000 in fines, plus have 48 hours of community service and be required to use an ignition interlock device (IID) for two years.
  • Third Offense – A third DWI is also a misdemeanor, but this time you will have a three-year driver’s license suspension. Then, you could have up to one year in jail and a $5,000 fine.
  • Fourth Offense – Once you reach the fourth offense, you are now at a fourth-degree felony. A felony means that you will have a lifetime revocation of your driver’s license, but can seek a court review in five years. Also, you must spend up to 18 months in prison, with a mandatory minimum of six months. Then, you will pay up to $5,000 in fines.
  • Fifth Offense – A fifth offense is also charged with a fourth-degree felony, but this time you have one-year mandatory prison sentence in addition to the same penalties for the fourth offense.
  • Sixth Offense – A sixth offense typically has a lifetime license revocation, and you will serve 18 months to 30 months in prison. The fine for a sixth offense is $5,000, but now you have escalated to a third-degree felony.
  • Seventh or More – Once you reach your third, you are at a third-degree felony. However, you have a two-year prison mandatory sentence and up to $5,000 in fines.

Contact a DWI Attorney Today

If you have been arrested for a DWI, whether your first or subsequent offenses, you cannot risk representing yourself in court. DWIs in New Mexico are treated very harshly. Even a mistake could result in a lengthy jail or prison sentence and a permanent criminal record.

Therefore, you need an attorney there to protect your rights. Contact the attorneys at New Mexico Criminal Law Offices today for aggressive representation when it matters the most. Schedule your consultation now at 505-375-4671 or request more information online.