Ousama Rasheed:
Frequently Asked Questions by DWI Clients
How much will representation cost?
This depends, of course upon the unique circumstances of your case.
Such factors can include any prior convictions, your age, whether your
DWI charge is aggravated, whether there was an accident, the method
of chemical testing, amount of attorney and staff time expected, etc.
When and where possible, a flat fee for your case will be established
so that there is relative certainty for the client as to cost.
What is the difference between
a DWI and an “Aggravated” DWI?
When your blood alcohol level is between 0.08 and 0.159, you could be
guilty of a DWI. If your blood alcohol level is 0.16 or above, if you
refuse to submit to a chemical test of your breath or blood, or cause
an accident with injuries, then you could be guilty of an Aggravated
DWI. Of course, the penalties for an Aggravated DWI are more severe,
including mandatory jail time.
I received a Notice of Revocation,
can I still drive?
Yes, the Notice serves as a temporary driver’s license for 20 days.
If you or your attorney properly request an Implied Consent hearing
within 10 days of your arrest, your driving privileges are extended
until 14 days after the hearing, which must be held within 90 days.
If I lose my driving privileges,
can I get a limited license to drive to work or go to
school?
No, limited licenses are no longer available to persons who have been
convicted of DWI.
They took my license. What do I
use for a picture I.D.?
DO NOT go to the MVD and get a New Mexico Identification Card (obtaining
such an I.D. card will invalidate your driving privileges!). Instead,
use a new (replacement) copy of your license, a passport, a military
I.D., etc.
Am I going to jail?
It depends. Aggravated DWIs entail mandatory jail time, but with most
DWI cases, attorneys can work out alternatives with the court. Voluntarily
putting yourself into an alcohol or drug counseling program before your
case goes to court is very helpful.
How much are fines and fees if
I lose in criminal court?
In Bernalillo County, fines and fees usually total approximately three
hundred forty-four dollars ($344.00). This amount includes court costs,
screening fee, DWI School fee, etc.
If I am found guilty of DWI will
I have to get an ignition interlock system installed in my
vehicle?
Yes, an ignition interlock system must be installed on all vehicles
driven by an offender AND an offender must obtain an ignition interlock
license. The interlock license fee is $45 and the ignition interlock
fee is $960 or more per year.
Aren’t they supposed to “Read
me my rights”?
Many police agencies have policies not to read a person their Miranda
warnings unless they will be interrogated while in custody.
Can I “keep it off my record”?
Not unless you obtain an outright win, which means winning the MVD hearing
and the criminal case. The records will remain available through the
Motor Vehicle Division, even if the matter is deferred in criminal court.
A deferred DWI conviction can also be used as a prior in a subsequent
DWI case to enhance the sentence. Conditional discharges on DWI cases
are, unfortunately, against the law in New Mexico.
I have heard about the “six month rule”,
does that apply to me?
Unless the court orders and/or the parties agree to an extension, the
State must begin your trial within 182 days of your arraignment or the
filing of a waiver. If the State fails to do this, then the charges
are dismissed and may not be brought against you again for this particular
DWI.