Las Cruces DWI Attorney
Fighting for the Rights of Drivers throughout New Mexico
If you have been charged with driving while intoxicated (DWI), you may feel hopeless and believe there is nothing you can do. The good news is that there are defenses to your charges. With help from an experienced, aggressive Las Cruces DWI lawyer, you can protect your rights.
With more than 75 combined years of experience prosecuting and defending DWI/DUI cases, The Lahann Law Firm knows what to expect from the prosecutor. We are not afraid to aggressively fight to protect your rights.
What is an Aggravated DWI in NM?
An aggravated DWI is when the driver’s breath alcohol score is .16 or higher, the driver refused the breath alcohol test, or there was an accident involving alcohol. Conviction on an Aggravated DWI carries mandatory 48 hour jail time. Because of the required jail time, many DWI defendants do not want to risk a conviction of Aggravated DWI at trial.
In most cases, aggravated DWI cases plea to a simple first DWI prior to trial which allows the defendant to enter the First Offender Program. Even if it is your first aggravated DUI, you are still more than likely to go to jail. But, if you were convicted of a first time DWI, it is very unlikely that you will go to jail.
What is the Difference Between DUI and DWI in New Mexico?
In New Mexico, most driving under the influence situations are referred to as DWI. And even if they are referred to as a DUI, there is no difference from a legal standpoint. A person can be arrested for a DUI/DWI while taking prescription medications, drinking alcohol, or consuming illegal drugs.
Bottom line: If it impairs your driving and you are caught, you have committed a DWI/DUI.
Is DWI a felony in New Mexico?
A fourth or subsequent DWI/DWI charge is considered a felony in the state of New Mexico. A DWI FOURTH conviction is a fourth-degree felony, with a mandatory minimum six months imprisonment and a maximum sentence of 18 months imprisonment.
Penalties of DWI in New Mexico
Any time a person is alleged to have been driving a motor vehicle with a blood alcohol content (BAC) reading of more than .08 percent, they can be charged with DWI. With an experienced criminal defense lawyer on your side, you can give yourself the best chance at a favorable outcome. First-time offenders face up to 90 days in jail, fines of up to $500, and one year of probation. Those with subsequent charges face more serious consequences.
Along with these frustrating challenges, a conviction could lead to:
- Soaring auto insurance premiums
- A requirement to install an ignition interlock device on your vehicle
- Visible criminal record able to be seen by potential employers and landlords
- Potential harm to child custody and visitation rights
- Ongoing fees
Call The Lahann Law Firm Right Away
Time is of the essence. Most likely when you were arrested, the officer took away your driver's license and/or issued you a Notice of Revocation. Your license is not revoked yet, but you must request a hearing with MVD within 10 days following your arrest.
Our criminal defense law firm can take care of that for you, but only if you come see us within a day or two after your arrest.
If you hire The Lahann Law Firm for your DWI case, we will represent you at the MVD License Revocation hearing.