DUI Charges in New Mexico: What to Expect and How a Lawyer Can Help

DUI Charges in New Mexico: What to Expect and How a Lawyer Can Help

Getting arrested for a DUI is scary. I know, I’ve been there. The cops throw on the flashing lights behind you, pull you over and start asking you questions. Before you know it, you’re in handcuffs on your way to jail. Not exactly how you planned your Friday night to go, right?

But here’s the thing- getting a DUI in New Mexico doesn’t have to ruin your life. With the right lawyer on your side, you can get through this. I wrote this article to help explain the process and give you hope. I’m not a lawyer but I’ve gone through it and done a bunch of research. So consider me your friend who wants to help you out.

The Arrest

If the cops think you’re driving drunk, they can pull you over at any time. In New Mexico, you’re considered legally drunk if your blood alcohol content (BAC) is .08 or higher. But even if you’re under .08, you can still get a DUI if the cops think you’re impaired. Things like swerving, slurred speech, or failing field sobriety tests are clues.

When you get pulled over, the cops will probably ask you if you’ve had anything to drink. Be polite, but don’t admit to anything- that can only hurt you down the road. They may ask you to take field sobriety tests, like walking a straight line or standing on one leg.

If they decide to arrest you, you’ll be handcuffed and taken to jail. At the station, they’ll ask if you’ll take a breathalyzer or blood test to measure your BAC. You don’t have to take it, but refusing comes with penalties too.

Getting Out of Jail

For a first offense DUI, you’ll probably be released in a few hours once you’re sober. But you’ll have a criminal citation with a court date to come back and face charges. You may also have a temporary driver’s license, since yours was likely confiscated if you took a breath test over the limit or refused the test.

The first thing you need to do is contact a DUI lawyer, which I talk more about below. An experienced attorney can help get your license back quickly. They may also go with you to your initial court appearance and try to get the charges reduced or dismissed right away.

Court Process for a DUI

There’s a few steps in the court process after a DUI arrest:

• Arraignment – This is your first court appearance where formal charges are presented. You’ll enter a plea of guilty or not guilty. Plead not guilty and let your lawyer handle things from there.
• Pre-trial motions – Your lawyer can challenge the legality of the traffic stop, the accuracy of the breathalyzer, and other evidence.
• Plea bargaining – Many cases end here if a plea deal is negotiated to lesser charges.
• Trial – If no plea deal, the prosecutor must prove your guilt before a judge or jury.
• Sentencing – If found guilty, the judge gives penalties like fines, jail time, license suspension, etc.

For a first DUI with a good lawyer, there’s a good chance of getting charges reduced or dismissed. But it’s critical to have legal help early on. Let’s look at why…

Why You Need a DUI Lawyer

Trying to navigate a New Mexico DUI case alone is really tough. The laws are complex and the penalties are severe. Just a first offense stays on your criminal record forever and comes with up to 90 days in jail.

An experienced DUI lawyer knows how to fight the charges at every step. They look closely at the arrest details to make sure cops followed all the right procedures. If not, that could get evidence thrown out. They also aggressively negotiate with the prosecutor for plea deals or reduced charges.

Plus a lawyer guides you through the process, appears in court for you, and advises you so you don’t accidentally make matters worse. Hiring a lawyer really improves your chances of a better outcome.

Cost of a DUI Lawyer

DUI lawyers aren’t cheap, but it’s an investment in your future. Expect fees around $2,000-$5,000 or more depending on experience. But some lawyers offer payment plans to spread out the cost over time. It’s worth shopping around and asking about pricing.

Also know that a DUI conviction can cost you over $10,000 in fines, classes, and other expenses. Not to mention increased insurance rates for years. So hiring a lawyer upfront can actually save you money in the long run.

Finding the Right DUI Lawyer

Not all lawyers are equal when it comes to DUI defense. Look for these things:

• Focus specifically on DUI and criminal defense, not general practice
• Handles cases in your county regularly
• High case dismissal rates
• Strong negotiation skills for plea deals
• Trial experience taking cases to a jury if needed

Also, make sure you feel comfortable with the lawyer you choose. You’ll be working closely together, so it’s important to have a good connection and trust.

What to Do After a DUI Arrest

Getting arrested for DUI can be one of the scariest moments of your life. Once the handcuffs go on, it feels like your life is spinning out of control. Here are some tips on what to do after the arrest:

• Remain calm and cooperative with the police, but don’t answer any substantive questions.
• Politely refuse to take a breath or blood test if asked. But know there are penalties for refusing.
• Once released, contact a DUI attorney immediately and follow their advice.
• Write down all the details you can remember about the arrest while fresh.
• Keep a copy of your citation, any police reports, and other documents.
• Show up early for all court dates – never miss one or a warrant may issue.
• Ask your lawyer about getting an ignition interlock device and temporary license.

Following your lawyer’s guidance from day one gives you the best shot at limiting the damage and avoiding jail time.

Penalties for a First DUI Conviction

It’s scary to think about, but good to be informed on possible penalties if convicted of a first DUI in New Mexico:

• Up to 90 days in jail (rare on a first offense)
• Fines and fees up to $1,000
• Mandatory DUI school
• Possible community service
• Probation for 1 year
• Driver’s license revoked for 6 months to 1 year
• Ignition interlock device required after license reinstatement
• Increased insurance rates for 5+ years

And those are just the mandatory minimum penalties. The judge can impose harsher ones if they want up to the maximum allowed by law. That’s why fighting the charges is so important, especially on a first DUI.

Should I Just Plead Guilty?

It’s tempting to just plead guilty and accept the consequences. But don’t! Pleading guilty means giving up all your legal rights. It’s much harder for a lawyer to help you after you admit guilt.

Instead, plead not guilty at the arraignment. A skilled DUI lawyer can then leverage the complex DUI laws and procedures to potentially get charges reduced or dismissed. Don’t give up hope until you’ve explored all options.

Can I Refuse the Breath or Blood Test?

You have a constitutional right to refuse a breath or blood test under the 4th Amendment. But New Mexico has an “implied consent” law that says driving is a privilege and you consent to testing by having a license. Refusing comes with penalties like a longer license suspension.

There are pros and cons to refusing versus taking the test. Check with your lawyer, as they may recommend a personalized strategy based on your case details and background.

Should I Take DUI Classes Before Conviction?

Prosecutors may offer to reduce charges if you complete DUI classes before your case ends. While it seems like a good deal, check with your lawyer first. Taking classes implies guilt on your record, which can hurt you down the road.

Often a better approach is to complete classes only after negotiation of a plea deal to lesser charges. This prevents a formal DUI conviction following you for life.

Can I Get a Hardship License?

If your license is suspended after a DUI arrest, you can apply for a hardship license in New Mexico. This allows you to drive to certain places like work, school, doctors, etc. An attorney can guide you through the application process and represent you at the hearing.

Should I Get an Ignition Interlock Device?

You may be able to get an ignition interlock device installed on your car, allowing you to legally drive again. You’ll need to pass a breath test before starting the car. This shows the court you’re being responsible. Talk to your lawyer about the pros and cons for your situation.

How Do I Get SR-22 Insurance?

If your license is suspended after a DUI, you’ll need to get SR-22 insurance and carry it for several years. It’s high-risk coverage that proves you’re insured. Your lawyer can help refer you to agents that provide it.

How Long Does a DUI Stay on Your Record?

Unfortunately a DUI conviction stays on your permanent criminal record forever in New Mexico. There is no expungement. The court case just gets sealed from public view after a period of time, usually 5 years.

Your driving record also shows the offense for 12 years from the conviction date. So a DUI can impact your life for over a decade, which is why fighting the charges is so important.

Can I Go to Jail for a First Offense?

Yes, up to 90 days in jail is possible for a first DUI conviction in New Mexico. But jail time is fairly rare on a first offense unless there are aggravating factors. A skilled lawyer can often negotiate alternative sentencing options instead of jail.

Should I Talk to the Prosecutor Myself?

It’s never advisable to try negotiating with the prosecutor yourself. Anything you say can be used against you or limit your lawyer’s options later. Let your attorney handle all communication with the prosecutor.

How Can I Reduce Jail Time or Fines?

The best way to reduce penalties is simple – hire an experienced DUI lawyer. They know how to negotiate with prosecutors to lower charges in exchange for lighter sentencing. That’s the key to avoiding jail time and minimizing fines.

What Happens if I Get a Second DUI?

A second DUI offense within 10 years of the first is much more serious in New Mexico. Potential penalties include:

• Mandatory 5 days in jail, up to 364 days
• Fines up to $1,000
• License revoked for 1-2 years
• Mandatory ignition interlock device after reinstatement
• Mandatory alcohol screening and 28-day treatment program

And a third DUI within 10 years is a felony with up to 18 months in prison. That’s why avoiding a first conviction is so crucial.

Should I Accept a Plea Deal?

Most DUI cases end in some form of plea bargain. The prosecution knows that DUIs can be hard to prove in court, so they are often willing to make a deal. The defense knows that DUIs carry harsh penalties if convicted at trial. So both sides have motivation to negotiate.

There are pros and cons to accepting a DUI plea bargain that need careful consideration:

Pros of Accepting a Plea Deal

• Avoid possibility of maximum sentence if convicted at trial
• Lesser charges like reckless driving stay off criminal record
• No risk of mandatory minimum jail time if pleading to lesser offense
• Guaranteed outcome instead of uncertainty of trial
• Saves significant time and legal expenses of trial

Cons of Accepting a Plea Deal

• Admission of guilt remains on record forever
• Loss of defense options by avoiding trial
• Potential license suspension if pleading to alcohol offense
• Higher insurance rates due to offense on driving record

Consult closely with your DUI attorney before deciding whether to accept a plea offer. Make sure you understand exactly what the deal entails. Your lawyer can help negotiate the best possible terms if you do choose to take a plea.

What is the Process for a Plea Bargain?

If the prosecution makes a plea offer, your DUI lawyer will discuss the terms with you. If you agree to plead guilty or no contest to the offered charges, your attorney will finalize the deal.

Next, a plea hearing takes place in front of a judge. You’ll be asked questions to confirm your acceptance of the plea terms. If the judge approves the bargain, you’ll immediately proceed to sentencing per the plea agreement.

In rare cases, a judge may reject a plea deal if they feel the proposed sentence is too lenient. Then you’d have the option to plead not guilty and proceed to trial.

Final Thoughts

Every DUI case has unique circumstances, so the decision on whether to take a plea deal is personal. Your attorney knows your case best and can offer individualized guidance. With expert legal advice, you can make an informed choice that puts you in the best position going forward.