New Mexico DUI law allows drivers to be convicted for driving while intoxicated (DWI) in one of two ways. If you are driving with alcohol in your system, you can be arrested based on your driving patters or failure of a field sobriety test, regardless of whether or not you have a high level of alcohol in your blood. You can also be arrested based on your blood alcohol content (BAC) alone. If you are driving with a BAC of .08% or higher, you are guilty of DWI and will be arrested.DWI Arrests in New Mexico
A DWI arrest in New Mexico triggers two cases. The first case is a criminal court case. This is the case that will determine how much your fine will be and how long you will spend in jail for your DWI offense. You will also face a Motor Vehicles Division case, which will determine how long you will be without a driver's license.
You will want to contact a DWI lawyer before facing either case. Your lawyer will help you argue for your innocence at your court case, particularly if the evidence being used against you is subjective, such as your driving patterns. Your lawyer will also help you request your MVD hearing quickly. If you do not file for this hearing within 10 days of your arrest, you risk losing your license without the chance to present an argument in your defense. At the time of your arrest, you will be asked to submit to a BAC test. You have the right to refuse this test, but you should talk to your attorney before making this decision if possible.Basic Consequences for First Time Offenders
If this DWI conviction is your first, you will face the following consequences:
Subsequence DWI offenses carry stricter consequences.License Suspensions for New Mexico DWI
Your New Mexico DWI conviction will also carry license suspensions as determined by the MVD. If you fail to file the paperwork for the hearing in the MVD within 10 days of your arrest, your license revocation will automatically begin 20 days after your arrest. Typical license suspension times are as follows:
First time offenders are eligible to apply for a restricted license after 30 days. However, before you can get the restricted license, you will have to be enrolled in both DWI school and your alcohol screening program. If you refuse to take the BAC test, you will have a 1-year suspension and will not be allowed to apply for the restricted license.Insurance Consequences
When you are done serving your license suspension time, you will need to have car insurance before you will be able to get your license back. However, you may find that your current insurance carrier will not give you coverage after a New Mexico DWI conviction. Your rates will almost certainly increase if you are given coverage. Finding a new insurance provider may prove difficult as a result of the new mark on your driving record.