Albuquerque DWI Lawyers

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Albuquerque DWI Lawyers

David Serna:
What happens when Iыm stopped for a DWI?

If you have been stopped by a police officer for suspicion of drunk driving, you will generally be asked to produce your license and registration as well as your proof of insurance. You will also be asked if you have been drinking. At this point the officer will be looking for signs of intoxication. If he believes you may be intoxicated, he will ask you to exit the car and take a series of field sobriety tests.

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Should I agree to take the field sobriety tests?

You are not required by law to take field sobriety tests, and many of the tests are extremely difficult even for people who have not been drinking. It is therefore adviseable to politely refuse an officerыs request for field sobriety tests. You should make it clear, however, that you are only refusing the field sobriety tests and not refusing to take a breath or blood test.

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Should I agree to take the breath test?

You can refuse to take a breath or blood test but this can have serious consequences with regard to your driverыs license. The advantage of not taking the test is that it is harder for the State to prove that you were intoxicated at trial, especially if you have also refused the field tests. However, a refusal will likely result in the revocation of your driverыs license for a year, even if you were not intoxicated at the time. If you have no previous convictions for DWI and have not been involved in a serious auto accident, you should probably agree to take the breath or blood test.

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What should I do if I have been arrested for DWI?

The most important thing you must do after an arrest for DWI is to submit a request for an administrative hearing regarding the revocation of your driverыs license to the Motor Vehicles Division, along with a payment of $25.00. If you fail to request this hearing within 10 days of your arrest you will automatically lose your license, even if you are not guilty of DWI. If possible you should retain an attorney immediately so that your attorney can make the proper request for hearing.

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What is the difference between my MVD case and my criminal case?

When you have been arrested for DWI you face both an administrative revocation of your license (through MVD), and a criminal prosecution, which may also result in the revocation of your driverыs license. The two cases are entirely separate, which means you can lose your license through MVD even if you are found innocent in your criminal case.

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What Happens in the Criminal Case?

The criminal case is brought by the government and can result in jail, fines, probation and loss of license. The jail time, fines and other penalties vary depending on how many convictions you have and whether you are charged with aggravated DWI. Aggravated DWI may be charged if you refuse to take the chemical blood or breath test requested by the officer, have an alcohol level of .16 or more or cause an accident with injuries. You can be guilty of a DWI even if you had nothing to drink but had medication or narcotics.

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What Happens in the MVD Case?

The civil administrative hearing process with the Motor Vehicle Division decides whether your license if revoked for ninety days, six months or one year. You must request the MVD hearing in writing within 10 days of the incident of date of revocation notice, otherwise you will be revoked automatically 20 days after the arrest. You must mail your written request to MVD in Santa Fe with a $25 check or money order.

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When Will I Get My MVD Hearing?

Your MVD must occur within 90 days of your arrest. Usually your hearing will be heard near the end of your 90 day period, somewhere from 70 to 90 days from your arrest

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What are the Penalties for DWI?

A first offense for DWI, is punishable with up to 90 days in jail, up to a $500 fine, or both, and about $200 in court costs. You also may be ordered to attend a first offender program, also called DWI School, and alcohol screening with counseling; do community service; attend the victim impact panel; and serve probation resulting in fees of about $150. If this first offense is an aggravated DWI, a minimum of 48 hours in jail is mandatory in addition to the other penalties. A second offense is punishable by three to 364 days in jail and a mandatory fine of $500 to $1000. It also requires about $250 in fees, probation, community service and a one-year license revocation. And aggravated second offense requires at least seven days in jail. A third offense is punishable by a mandatory 30 days in jail, and a fine of $750 to $1000 on top of the other penalties. Your license will be revoked for one to ten years if it's your third conviction in more than 10 years. An aggravated DWI third offense entails a 90-day mandatory jail sentence. A fourth offense or more are felonies with eighteen months in prison. In a felony conviction, you may also lose your citizenship rights such as voting, bearing arms and other civil rights.

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What are the Implications in the MVD Case?

The MVD civil hearing process is separate from the criminal court proceeding. You can win one case and lose the other. If you refuse to take a breath or blood test as requested by the officer, you may lose your license of one year and you cannot get a work permit or a limited license. If your license is revoked for the first time and you took a blood or breath test, you will lose your license for 90 days if you are 21 or older with a 0.08 or higher blood-alcohol result. If you are under 21, then you will lose your license for six months with a 0.02 or higher alcohol level. If you have previously had your license revoked for DWI through the MVD civil hearing and your alcohol level is above the legal limit, then you will lose your license for one year without the possibility of a work permit or a limited license. Your driver's license can be revoked through a DWI criminal conviction or a DWI civil revocation (the MVD hearing), or if you are convicted of driving on a revoked license. If your license if revoked, you cannot drive. If you are caught driving, you will be arrested. If you are convicted in criminal court of driving on a revoked license, you will receive a sentence of seven days to one year in jail and a $300 to $1000 fine. You also will receive an additional one-year revocation of license, which starts when your current revocation ends, and your vehicle can be immobilized - impounded or locked in your driveway - for 30 days at your expense. When your revocation period is over, you must apply to MVD and pay $100 to reinstate your license, otherwise you risk being arrested. A person who has three or more DWI convictions resulting in a five-or-10 year revocation needs an order from the state district court before MVD will reinstate his license.

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Can I Still Drive?

If you timely requested a MVD Revocation hearing, you can drive until a decision is made by the MVD hearing officer at your MVD hearing, assuming your license was valid at the time of arrest.

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What If I Have a Suspended License?

If your driving record with the New Mexico MVD has 12 points or more, you have failed to appear in court, failed to complete requirements on citations, or failed to pay damages on a traffic accident you may have a Suspended Driver's License. These are just the three most basic ways in which you may be suspended, but there are other reasons as well. Often the driving record is difficult to read and understand or the clerk at the MVD office isn't clear about what you need to do to correct your problem. Often, in the process of attempting to reinstate your license after a suspension period you may find you are re-suspended due to other tickets, which were unresolved.

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What is a Limited License?

In New Mexico you can receive a limited license, also referred to as a work or school permit, if your license was suspended for having too many points on it. Also if you are a DWI first-time revocation, with a loss of 90 days (or six months if you are an under 21-year-old) you should apply for a limited license immediately and receive it after the first 30 days of revocation. People with suspended or revoked licenses need to pay $45, have proof of current financial responsibility, have proof of employment and/or school, with the hours necessary for operation of your vehicle, proof of alcohol counseling and proof of registration at a certified DWI school if it was a DWI revocation. People who are revoked for one year or more due to a DWI revocation are not permitted a limited license except under very specific new laws relating to the use of an "Intoxilock." Frechette & Associates, P.C. can help you with your limited license application, administrative hearing or can provide you with more information about the Intoxilock program.

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What is Vehicle Forfeiture?

Your automobile may be forfeited to the city, state or federal government if you are charged with transportation of illegal drugs or if you are arrested for D.W.I. and your license is revoked for a prior conviction of D.W.I. The entity seeking to take your property must issue a notice of their intent to seize your property within thirty days of the incident and file it with a court. You must respond to the notice within the time specified. Otherwise, your property will be forfeited by default. The automobile or related property in your possession at the time of the crime may be forfeited even if there is a third-party lien holder or a joint owner. Frechette & Associates, P.C. has experience handling these civil forfeitures and will review your case with a free consultation.

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What are DUI Child Abuse Charges?

You may be charged with Child Abuse if you arrested for D.W.I. wile you have a minor child in your vehicle. The law provides that if you knowingly, intentionally or negligently place a child "in a situation that may endanger the child's life or health you may be charged with Child Abuse. The crime is a third or second-degree felony, punishable by eighteen months up to three ears imprisonment and up to a $5,000.00 fine.

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What is Homicide by Vehicle and Great Bodily Injury?

The New Mexico law also has a provision called Homicide by Vehicle and Great Bodily Injury by Vehicle. If you are D.W.I. and you kill someone or cause them great bodily harm you will charged with a third degree felony. Penalties under this section include three to six years' imprisonment, two years of parole, a find of up to $5,000.00 and additional jail time of two years for each prior D.W.I. conviction.

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I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?

It depends what you alcohol offenses were and how they were disposed. The courts cannot use juvenile convictions against you as a adult. However, MVD can and will use certain juvenile information against you as an adult.

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After I got arrested, my license was taken from me. Can I get it back?

The arresting officer was acting correctly under New Mexico law. You could try to go to MVD and immediately request a new license. But if you do this, DO NOT REQUEST AN MVD PHOTO ID. If you have a photo ID, you cannot obtain a driver's license.

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I lost my New Mexico license. May I obtain a license in another state?

Whether or not you can obtain a license in another state is up to that other state. Many states will communicate between their MVD agencies and punish you with the same penalties as your home state. But it all depends on your individual circumstances.

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If I obtain an international driver's license, may I drive in New Mexico, even though my New Mexico license is revoked?

No. If you have a valid driver's license from anywhere, you can drive, but not in New Mexico because your "privilege" to drive in New Mexico is revoked.

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What if I burped within twenty minutes of blowing?

The current rules that all New Mexico law enforcement officers must follow now say that a driver must be "deprived" of alcohol twenty minutes before the test, unlike the old rule, where burping, belching or vomiting would started a new 20 minute observation. However, the fact that your breath score can still be effected by those actions is still important for your attorney to know.

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Will I be able to get my case dismissed because I was not read my rights?

Probably not. But if you were interrogated after being placed in custody, those statements cannot be used against you.

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If I am convicted or plead guilty, will I be required to have an ignition interlock device placed on my car?

You may be. It depends on whether this is a "first" revocation through MVD or not.

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What will happen if I do not complete the classes or community service ordered by the Court?

If you do not perform any one part of the sentence you receive, the law requires the prosecuting attorney to issue a bench warrant for your arrest. If you missed a part for a good reason, then the Judge can allow you to make up a portion. Best thing to do is make a schedule you can keep to in the beginning. If you get a bench warrant, not only do you risk going to jail again but a $100.00 warrant fee is assessed so you end up paying more money.

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What are the Speed Limits in New Mexico?
- Unless Otherwise Posted Absolute
- Interstate 75 mph
- Ltd Access Rds 55 mph
- Other Primary Rds 55 mph
- Residential 25 mph
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How are Speed Limits Enforced?
- Enforced through use of:
- Pacing Yes
- Radar Yes
- Vascar Yes
- Photo Radar No
- Aircraft Yes
- Laser Yes
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How Can Tickets be Paid?

Tickets can be paid in person and some tickets can be paid by mail.

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Is Trial By Declaration Allowed?

No

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When is a Jury Trial Allowed?
- Speeding Yes
- Parking Yes
- Equipment Yes
- DWI Yes
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What is a Member Nonresident Compact?

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

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What is a Member Driver License Compact?

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

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When and Where do I File Accident Reports?

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities and within 5 days in writing to the Motor Vehicle Division.

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What are the Resident Insurance Requirements?

Compulsory insurance law. Applicable in the event of an accident causing death, personal injury, or property damage exceeding $500 which results in a judgment. Minimum limits: $25,000/50,000/10,000.

New Mexico has uninsured motorists insurance law.

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Is There Anything Unique in New Mexico?

New Mexico State Police do not patrol between midnight and 6 am. New Mexico State Police are available for emergencies and accidents.

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