Enjoying an alcoholic beverage has been considered a good way to de-stress, bond with friends, and relax. Of course, drinking itself is not considered a crime, getting behind the wheel after doing so, is. Virtually everyone knows that drunk driving is a crime, but it is important to know the laws which will be used against you if you are charged with a DWI or DUI in New Mexico. For those people who choose to drink and drive and receive a DWI/DUI, speaking with an experienced Albuquerque DWI attorney is critical.
What is a DWI?
A DWI as well as a DUI is generally defined as driving while impaired by alcohol or other legal or illegal substances. In New Mexico, it is illegal to drive with a breath or blood alcohol concentration of .08 or more if you’re 21 or over, .02 if you’re under 21, or .04 if you drive a commercial vehicle.
Besides alcohol, there are other drugs that have an effect on an individual’s capacity to drive that may result in an individual receiving a DUI. However, New Mexico has one of the highest rates of alcohol related crash fatalities annually, compared to other states. Though this is the case, these rates have declined in more recent years due to the law enforcement becoming stricter with drivers under the influence. Statistically, in New Mexico, driving under the influence results in 30% of all total traffic deaths and though that number is on the decline, it is still quite considerable.
Legal Implications for a DWI in Albuquerue
New Mexico has stiff penalties if you are convicted of a DWI or DUI depending on if you are a first time offender or subsequent offender. These implications range from fines and court costs to imprisonment or suspension of your driver’s license.
For first time offenders who receive a DWI in New Mexico, at minimum, you will receive a $500 fine and up to 90 days in jail as well as you will be ordered to attend a DWI school and participate in a driver’s rehabilitation program and community service.
For second time offenders who receive a DWI in New Mexico, at minimum, you will serve a mandatory 96 hour mandatory imprisonment and receive a $500 fine, as well as the above mentioned consequences for first time offenders.
For third time offenders who receive a DWI in New Mexico, at minimum, you will receive a mandatory 30 day imprisonment, community service, a $750 fine, as well as the above mentioned consequences. In addition to these consequences, a third time offender will be ordered to obtain an ignition interlock driver’s license and pay for the installation of an ignition interlock device on your vehicle.
Need Legal Advice?
At Khayoumi Law Firm, we understand that mistakes do happen and we are here to help you during this difficult time. If you or a loved one have been charged with drinking and driving, speaking with an experienced Albuquerque attorney is of the utmost importance. Challenging a DWI drunk driving charge in New Mexico is never a simple matter, therefore, contact us today for a consultation so that we can strategize about the best outcome for your case.