I was arrested for DUI, breathalyzer 0.19, no accident, no kids involved, polite to officers, took my license, but never mirandized me. I have no criminal record. What do I need to do to get this reduced to dry reckless? I’m a teacher.
Khayoumi Law Firm | Salim A. Khayoumi
Quick Answer: hire an experienced NM DUI/?DWI defense attorney. The state prosecutor handling your case is usually not allowed to plea to anything lower than a DWI-1st (non-aggravated). The only time a so-called “dry reckless” is offered as a potential settlement plea is if the state’s evidence of DWI is severely lacking. In your situation (based on the info you provided) a breath alcohol measurement was taken by the officer and the alleged results (0.19) permit the prosecutor to actually increase your DUI/?DWI from a DWI-1st to “Aggravated DWI-1st”. A conviction for Aggravated DWI-1st carries harsher penalties and a mandatory minimum jail sentence.
Answer Applies to: New Mexico
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