Stopped for DWI in New Mexico: 6 Things to Know
A single DWI conviction, even for someone with no previous criminal record, has serious consequences in New Mexico. The sentence will include a driver’s license revocation of up to six months and if the driver is 21 or younger the revocation is a full year. Jail time of up to 90 days is possible, along with DWI school, having an interlock ignition device installed on your vehicle for a year and community service.
Considering those consequences, here are six things everyone should know if stopped for a DWI in New Mexico.
1. Implied consent and sobriety testing
Under New Mexico’s Implied Consent Law, the privilege of driving includes the implied consent that you will agree to a chemical test to determine your blood alcohol concentration (BAC) if stopped by a law enforcement officer with probable cause to suspect you are impaired. However, experts say that implied consent does not cover field sobriety tests. That means it’s perfectly legal to courteously decline a test, no matter what the officer may tell you. There are several variations of the test, which generally require a driver to walk a straight line, balance on one leg, among other requests.
2. Refusing the chemical test
If the police officer suspects you may be impaired he or she will ask that you return to the police station to take a chemical test. At that point, you are under arrest. You will generally be allowed to choose between a urine test, blood test and sophisticated breath test. The results of that test will determine your BAC. If you refuse the chemical test, New Mexico law requires that your license be revoked for a year. On top of that, it is still quite common for motorists to be convicted of DWI even without the results of a chemical test. In fact, prosecutors will argue that you refused the test because you knew you were impaired.
3. Assume you will be on video
While it is not mandatory yet in New Mexico for every DWI stop to be videotaped, it is common for all DWI’s to get that treatment and more and more police vehicles are being equipped with dashboard cameras. The video of your encounter with police is one of the biggest pieces of evidence in your case. The best way to make sure you don’t appear to be impaired is to say and do as little as possible. Be courteous, but don’t make speeches and don’t thrash about searching for your proof of insurance and registration. You should, however, get out of the car if the officer orders you.
4. More than .08 to worry about
Many people know that a .08 BAC is the legal limit in New Mexico and elsewhere. However, there are different limits depending on your age and the type of driver’s license you have. For drivers 21 or younger, the BAC limit is .02. Experts say it takes only one or two shots of liquor for many young drivers to exceed that limit. New Mexico law also holds commercial drivers to a stricter standard. The BAC level for these drivers is .04.
5. Total cost of a DWI in New Mexico
One experienced criminal defense attorney in New Mexico has estimated the cost of a first DWI conviction at $10,000. That includes expenses such as the first offense fine of up to $500; the $930 cost of an interlock ignition device; DWI School; $680 to restore your revoked driver’s license, the cost of the bond to get out of jail, extra money for car insurance – which often doubles or triples; lawyer’s fees, additional court costs and more. And if you refuse the chemical test or have a BAC of .16 or above, the fines are higher.
6. Future cost of a DWI in New Mexico
Did you know that Canada won’t accept visitors with a DUI/DWI conviction? New Mexico law calls for the suspension of your pilot’s license and if you drive a company vehicle you may have to be reassigned or you could lose your job. Experts say a DWI conviction will significantly affect your credit rating and now that you have one conviction, any future DWI convictions within 10 years will lead to stiffer penalties. A second conviction is punishable by up to a year in jail and as much as 5 years of probation, along with a fine of up to $1,000. Second offenders also must decide between 28 days of in-patient impaired driving instruction and substance abuse treatment, 90 days of outpatient classes and treatment or programs recommended in court. Under New Mexico law, anyone in the state with a fourth DWI conviction loses their driver’s license for life. A criminal defense attorney can negotiate with prosecutors to keep fines and jail terms as low as possible.
This article is intended for informational purposes only. You should consult an attorney for legal advice.