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An overview of New Mexico DUI laws

On Behalf of | Jun 3, 2020 | Drunk Driving |

If your blood alcohol content (BAC) is .08% or higher, you cannot legally drive a vehicle in New Mexico. You could be subject to a variety of penalties for doing so such as jail time, a driver’s license suspension and a fine. You may need to have an ignition interlock device installed in your car if you are convicted of drunk or impaired driving multiple times.

Penalties typically increase for a second or subsequent conviction

The first time that you are convicted on a DUI charge, you could spend up to 90 days in jail. For a second offense, you could spend up to 364 days in jail as well as pay a fine of up to $1,000. After a fourth conviction, you will lose your license for at least five years, and there is a chance that you will never get it back. It may also be necessary to keep an ignition interlock device on your vehicle permanently if you get your license back after a fourth DUI conviction.

You may face multiple charges

If your BAC is .16% or higher, you could be charged with an aggravated DUI, which could lead to additional jail time. The same may be true if you fail to submit to a chemical test or cause bodily injury while driving under the influence of drugs or alcohol. If you are charged with driving under the influence while your license is revoked for a previous DUI, you could lose your license for an additional year. Other penalties could include a year in jail and having a vehicle immobilized for 30 days.

There is a chance that a driving under the influence charge could be reduced or dismissed before or during a trial. There is also a chance that you could be acquitted by a jury after your trial is over. An attorney may cast doubt on evidence such as chemical tests or police reports in an effort to get a case dismissed or to create leverage to negotiate a favorable plea deal.