New Mexico, the Land of Enchantment is home to you. But when you face a DWI charge in this state, it feels anything but enchanting. New Mexico actually has two separate cases waiting for you after your DWI arrest. The first is the criminal court case and the second is the case with the Motor Vehicles Division. The MVD seeks to take away your driver’s license. If you took a chemical test and your blood alcohol content was .08% or higher, you will lose your license for 90 days if you are 21 or older. You only have a limited amount of time (10 days) after the date of your DWI arrest to request a hearing with the MVD. If you do not, you will automatically lose your license.
You can be DWI in New Mexico if: you violate the “per se” law of driving with a BAC of .08% or more (even if you’re not impaired) or by driving while impaired. DWI means that you are not in safe control of your vehicle, which can be proved by field sobriety tests or poor driving observation.
New Mexico DWI Penalties
You can spend up to 90 days in jail for a first offense. Your fine will be $500 and you may be ordered to attend DWI school. On top of that you may also face: vehicle impoundment, ignition interlock, restricted travel, loss of job, community service, probation and insurance problems.
New Mexico BAC
In New Mexico, you are DWI with a blood alcohol content of .08% or more. A blood, breath or urine test may be administered to determine your BAC. Police may only give you a breath test, while trained medical professionals can conduct the blood or urine testing.
What are Field Sobriety Tests?
FSTs are a method used by New Mexico police to “test” your sobriety. The HGN (horizontal gaze nystagmus), one leg stand and walk and turn are all common FSTs. They test such things as your balance, coordination and any involuntary eye jerking.
Ignition Interlock
The judge may order this device to be installed in your car. If so, you will have to blow into the machine every time you start your car. If you have any alcohol on your breath, your car will not start. This will be installed and maintained at your expense.
Zero Tolerance
If you’re under 21 and your BAC was .02% or more, you will lose your license for 6 months and face criminal penalties. You could spend up to 90 days in jail.
Your Defense
Please be sure to find a lawyer in New Mexico who specializes in DWI. This could mean winning your case!