Should you get a judge or jury to hear your defense of drinking and driving charges? Unfortunately, most states are now making it next to next to impossible to have your DUI case heard in front of a jury of your peers. Why? What if you can get a jury trial? What’s the difference? And if you can’t, how do you prove your innocence to a judge who’s seen hundreds of DUI your innocence?

Why no jury?
DUI cases are now becoming less “a jury of your peers” and more a judge who hears DUI defenses all the time. This is because of a change in state laws and interpretations of federal law (not to mention the Constitution). Most DUI cases are now in front of a judge. According to federal law, you have a right to make your case in front of a jury. According to many state laws, DUI (or DWI and OWI) are considered less important than other criminal law cases. While it may seem odd that months in jail, several years probation, thousands in court fines, and more penalties are minor, but that’s the case.

Can you get a jury trial?
Some states will consider a jury trial, but most won’t. For example, New Jersey and Arizona have recently denied jury trials for DUI cases. If you can get one, it can quite often be beneficial to your case.

What’s the difference?
Judges are not necessarily given to preformed opinions on cases, but when it comes to certain laws, many are much stricter than juries. However, the laws can be far more complicated in front of a jury, even if you have some advantages. You have to make a jury request, deposit jury fees with the court, and in most cases select a jury. This can all be time consuming. Many believe the human factor differentiates a judge trial from a  jury trial. You may get more consideration from people who don’t see DUI cases all the time.

Is a judge better?
In DUI cases, having a judge is not necessarily a bad move. It saves you time, and with a DUI lawyer, it can save you money in work hours.  A judge trial can be less serious, more informal, and generally shorter than a jury trial.

How do you prove innocence?
Proving you were not drinking and driving does not always mean you prove not drinking at all. Judges have to consider the validity of the tests and the actions of the officer who pulled you over. If the BAC (blood alcohol content) level was very close to the limit, it can create some doubt in the judge. In jury cases, it can do the same. You can also question why the officer pulled you over, how the breathalyzer was given, if you were told of your rights, and more.

Defending a DUI in front a jury can be beneficial to your case. If a jury trial is an option, it should be a decision for you and a DUI lawyer.

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Have you been arrested for DUI in Seattle? Did you refuse to take or fail a field sobriety test? If the answer to any of these questions is yes, you may need the help of a Settle DUI lawyer. Field sobriety tests are a valuable tool for Seattle law enforcement officers and are standardized tools to detect drivers who are driving under the influence of drugs or alcohol (DUI) or who have consumed alcohol and reached the illegal blood alcohol concentration (BAC) level but continue to drive.

States have a variety of names for drunken driving. Some states refer to it as DUI (driving under the influence) and others call it DWI (driving while impaired or intoxicated) or OUI (operating under influence). Regardless of the name, it is illegal in all states to operate a motor vehicle if you are unable to drive safely.

The National Highway Traffic Safety Administration (NHTSA) standardized the field sobriety test in the late 1970s, and today the test is comprised of three components: the horizontal gaze nystagmus, the walk and turn test and the one leg stand test. Police officers do not always use the field sobriety test evidence in court, but it is one tool an officer has to establish probable cause for a DUI arrest in Seattle. Evidence can also be gathered through observations of the Seattle driver’s driving and a chemical test of the driver’s blood, urine or breath.

Unfortunately, although the field sobriety test can be a great tool for gathering DUI evidence, it also is a subjective assessment of a driver’s condition and may not always produce conclusive results. Drivers who are fatigued, over-weight, aged or on other medications may not always perform the tests successfully.

Hiring a Seattle DUI lawyer

DUI attorneys in Seattle can review the field sobriety test results and other evidence gathered by the arresting officer to determine if the officer performed the test correctly and had enough evidence to arrest the driver for DUI. Seattle DUI lawyers defend hundreds of drivers each year and can answer all of the driver’s Seattle DUI questions and explain the potential DUI penalties drivers may face if they are convicted of DUI in Seattle.

Drivers may refuse to take a field sobriety test in Seattle, but whether or not that is a good idea can depend on a variety of factors. Police officers may not need to complete a field sobriety test to have probable cause to arrest a driver. Drivers who are arrested for DUI in Seattle may be required to submit to a chemical test of their blood, breath or urine. Under Washington’s Implied Consent Laws if a Seattle driver refuses to take the chemical test it can result in the immediate suspension of their driver’s license. This suspension may or may not be successfully challenged through an administrative hearing. Call a DUI lawyer in Seattle for more information about your DUI arrest.

Horizontal Gaze Nystagmus

Seattle police officers may use the HGN or horizontal gaze nystagmus to measure the rapid or involuntary movement of the driver’s eyeball. Scientific studies have proven that consuming drugs or alcohol can affect the ability of the brain to control the muscles in the eye. If the driver is unable to follow the movement of a flashlight or pen with a controlled, coordinated movement as it is slowly moved horizontally across the drivers face, it could be an indication they are intoxicated. Bouncing and jerking motions of the eye can be one side-affect of consuming alcohol or drugs. Seattle drivers who have taken certain medications or who have a congenital eye defect can also have reactions to the HGN test which mimics the reaction of consuming alcohol or drugs.

Walk and Turn

We have all seen the person on the side of the road walking a real or imaginary line, but what are they doing and why has the officer asked them to perform the walk and turn test? The officer is testing the driver’s coordination and balance and their ability to perform multiple tasks simultaneously. The walk and turn test requires the driver to take 9 steps with their hands at their sides and their feet stepping heel to toe. If the driver sways, falls or has to use their hands to balance themselves, it could be an indication that they are DUI.

Prior to the test, it is important for Seattle drivers to remove uncomfortable footwear, such as high heals, and complete the test on a dry, flat surface. Seattle officers should also give clear directions before the walk and turn test is begun.

One Leg Stand

Can a driver balance on one leg, their foot raised off the ground approximately 6 inches and count to 30? If not, it could be an indication they are intoxicated. Drivers can fail the one leg stand test if they fail to maintain balance, fall, shift, lose count or have to use their arms to balance themselves. The NHTSA estimates if this test is done correctly the accuracy rating can be as high as 83%.

A field sobriety test is a good tool and it can provide valuable evidence to Seattle law enforcement officers. Evaluating the results of the test is a subjective process, and Seattle officers can make mistakes. If you have failed a field sobriety test, contact a Seattle DUI lawyer.

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Quite often, a DUI case comes down to how an officer acts and how you refute his or her testimony. The officer could have, or say they did, pulled you over for running a red light or driving incorrectly. You are then given a breathalyzer. In this instance, you may think the game is over. However, you have rights and you will have your day in court. The example given will be the focus of this blog guide on using officer statements, actions, and testimony to defend a DUI.

Why They Pulled You Over
In the example given, you may have run a red light; in this instance, there is a clear reason to pull you over if in fact this is true. If you were driving incorrectly, that’s a different interpretation. You may have been driving fine, and in fact there was no reason to pull you over. The officer can pull you over for a variety of other reasons, but they legally have to relate to your driving. If you were driving correctly, and the officer pulled you over because you were a minority, were a young driver, were a woman, even if you were a white male and the officer took a chance, these are illegal. The problem is this can be very difficult to prove in court. It’s not always ethnic background or sex, but it’s been reported, unfortunately, that sometimes officers pull you over simply based on how you look.

How Did You Act?
If you acted in a way that seemed odd, the officer can use this as evidence of giving you a breathalyzer. In our example, you may have been legally pulled over for running a red light; the officer then briefly questioned you and thought you acted odd. In this case, your defense can be based on what you believe happened. Maybe you were just nervous or mad about being pulled over. Perhaps you have a medical condition. There are many explanations for acting oddly beyond drinking and driving. Your defense can refute why the officer pulled you over, why they tested you for alcohol, and why they arrested you.

The Sobriety Test
Technically, sobriety tests beyond a breathalyzer or blood test can be wrong. Breathalyzer tests can also be used incorrectly. And you do you not to take certain sobriety tests, such as walking in a straight line, as no states have laws on the books saying you have to. You are required to take the breathalyzer, but even if you do and fail, it does not mean defense is impossible. The best proof of a DUI is the blood test, where human error is negligible.

What Can You Do?
If you feel you were pulled over for no legal reason, if the officer acted in error, if the sobriety test was wrong, if the breathalyzer was incorrect, and if you believe your innocence you need an experienced DUI lawyer. This is too complex of a case to handle alone.

The important thing is you can win. While most DUI cases where both officer testimony, the breathalyzer, and the blood test show clear intoxication do end up in a guilty verdict, there is a lot of room for error. You can refute the testimony of the officer with witnesses. You can prove you were not drinking at all. You can report how you acted oddly in the sobriety test because of a physical impairment. There are more defenses than you might think. If you’re innocent and you know it, you have a right to hire a lawyer. On the other hand, if you’re guilty and you know it, it’s too difficult to win if the proof is irrefutable, but you still should hire a lawyer in order to lessen charges.

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When you’re pulled over after drinking, rarely are the fines forthcoming the first thing on your mind. No, you’re likely scared of going to jail, of losing your license permanently, of being forced to jump through hoops in order to get your life back on track. True, the fees may seem secondary, but they become important in any DUI charge, especially in California. The costs of a California DUI go far beyond simply paying fines, even if those are high. No, in order to get accurate representation, you need to pay for a California DUI lawyer.

This blog post covers the major fees you will be paying, how you should treat the charges, and how to hire an affordable California DUI lawyer.

Other Penalties
Beyond fines, for your first DUI you’ll face a license suspension means a mandatory six month license suspension, mandatory jail time of 48 hours for a first offense, and  hours in a DUI School. You have to understand that by drinking and driving, or abusing drugs and driving, you endanger others. It may seem to be far from it when you’re driving down an empty road at night, but drinking and driving is a leading cause of death in California.

If you have multiple DUI violations, you can expect stiffer penalties, such as your license being suspended for several years, weeks to months spent in jail, and be put on probation for an extended period. It’s worse if you get a felony.

Fines and Fees for a California DUI
You can expect to pay $1,400 to $1,800 for a first time offense, and that’s before you even consider lawyer fees. A second offense means $1,800 to $2,800 in fines and court fees. A third offense is technically the same. If you get a fourth offense, you likely will face felony charges and money will be the least of your problems. However, with the right help, by hiring the right lawyer, by never drinking and driving again, these problems can be overcome.

How do you hire a lawyer?
There are literally thousands of California lawyers who can help defend a DUI charge. However, not all are equally experienced for your case, nor are the price ranges always the same. You can expect to pay much more for your lawyer to represent you than the fines. It can be $10,000 to $20,000 to defend your rights in court. Some do charge less, some are negotiable, some will even work with you on a payment plan. Going to trial, especially for felony charges, without legal representation could cost you time in prison. You just have to value how much staying out of prison, being able to get your license back, and avoiding major court fees can help.

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Illinois considers driving under the influence to be over the legal drinking limit and driving. However, alcohol isn’t the only that can lead to an under the influence arrest; you can also be pulled over and charged with using drugs, legal or illegal, which impair your ability to drive.

In any event, most cases involve drinking in Illinois, but if you are considered impaired by any amount of an illegal substance or a medication, you can also be charged. In order to understand what Illinois DUI laws mean to you, you also need to know why driving while impaired is so dangerous.

Why It’s Dangerous
By drinking or using drugs you are endangering others on the road, not to mention yourself. Some think current DUI penalties nationwide are too strict, while still more feel danger presented by drunk drivers is cause for even stricter penalties. A recent study pointed out that you are over 40 percent more likely to be in an accident while driving impaired. It also makes sense that the more you drink or the more drugs you take, the higher this number gets. The state laws are a result of thousands of impaired driving related deaths, whether it’s being involved in an accident because you or a loved one ran a stop sign, or hitting a pedestrian. DUI is a leading cause of death in all 50 states, Illinois included.

Recent studies have illuminated statistics involving DUI. The average offender is mostly male, averaging about he age of 34 with most drivers being below 35, is arrested later in the day from 11 pm  to 4 am, and is quite often far above the legal driving limit, averaging a .16% level of intoxication. These numbers can be scary, especially that the majority of drivers are twice the legal limit. This is why the laws are the way they are.

The Illinois DUI Laws You Need to Know
The Illinois DUI laws are very similar to laws of other states. Some use the term DWI (driving while impaired) and others like Wisconsin consider it a OWI (operating while impaired). These are just different terms addressing the same problem: abusing drugs or alcohol and driving.

Even first time offenders get stiff penalties. It’s very common for multiple offenders to spend considerable time in prison. First time offenders face up to 1 year in jail, up to $2,500 in fines, a minimum license suspension of 1 year, and if a minor is in the car, these penalties are greater.

The further you go in this process the more likely you’ll get a felony. Multiple offenders, drivers who are far over the limit, those who endanger minors (children under 16), and those who hurt others can face felony charges, sometimes called an aggravated DUI. Most DUI charges come with a misdemeanor, but in some cases felony charges can come.

How do you fight the charges?
The problem with defending an Illinois DUI charge is very common – how can you prove you were not drinking or abusing drugs and driving? How can you prove the officer, the breathalyzer, and the blood tests are wrong? It will cost a lot of time and money just to fight the charges. That does not mean you avoid hiring an Illinois DUI lawyer to plead your case. If you have no representation, you are at the mercy of a judge who sees cases like yours every day. Professional counsel is a must.

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Oakland law enforcement officers, like other officers across the state of California, use field sobriety tests to help determine if drivers are intoxicated or driving under the influence of drugs or alcohol (DUI). Field sobriety tests results are not always used in court to convict a defendant of DUI, but they are used to provide probable cause for a DUI arrest.

Field sobriety tests were standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) with the help of the Southern California Research Institute. The standardized test is comprised of three testing components: the horizontal gaze nystagmus test, the one leg stand test and the walk the line test. These tests have been scientifically proven to provide evidence of intoxication.

All states, including California, have made it illegal for drivers to operate a motor vehicle if their BAC or blood alcohol concentration is 0.08% or higher. Oakland drivers may also be charged with DUI or driving under the influence of drugs or alcohol if they are “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Oakland officers who witness any type of illegal or erratic driving actions and have probable cause to believe a driver is intoxicated have the legal authority to stop the driver and ask them to submit to an Oakland field sobriety test.

Hiring an Oakland DUI Lawyer

Drivers who have failed a field sobriety test in Oakland, California, should contact an Oakland DUI lawyer. DUI lawyers in Oakland can help the driver potentially get their DUI charges reduced or dismissed. If a dismissal is not possible, a DUI lawyer may be able to negotiate a more favorable DUI sentence. DUI attorneys can build solid DUI defenses for their Oakland clients and help their clients avoid high fines, probation and potential jail sentences. Oakland DUI attorneys can not guarantee a dismissal, but they can provide professional, affordable DUI help.

Horizontal Gaze Nystagmus

The horizontal gaze nystagmus test allows the police officer to test the nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball.”  To test the nystagmus the officer will move an object, generally a pen or small light, in front of the driver’s face and ask them to follow the light with out moving their head. Intoxicated drivers are less able to control their eye movements and their eyes generally have an exaggerated or jerking motion as they track the object. Sober drivers are generally able to track the light with a slow coordinated motion, unless they are taking certain types of medication, have neurological issues or have a congenital eye defect.

Walk and Turn Test

The walk and turn test has been developed to test a driver’s ability to perform a variety of simple tasks which most sober drivers can easily do. Drivers are asked to stand straight, face forward and walk heel to toe for 9 steps, turn and walk back. Can the driver stand straight and walk down the line with out falling, swaying or using their arms for balance? Did the driver follow directions? Did the driver walk heel to toe? The officer will evaluate each of these elements of the test. Multiple failures can be an indication of intoxication. Prior to the test, the Oakland officer should allow the driver to remove uncomfortable footwear, give clear instructions and make sure the test is performed on a solid, dry, flat surface.

One Leg Stand Test

The one leg stand test is similar to the walk the line test. It also measures the ability of Oakland drivers to complete a series of simple tasks. Oakland drivers are asked to stand straight, their arms to their sides and their face forward. The driver must raise one of their feet approximately 6 inches from the ground and count for 30 seconds aloud. Swaying, falling, losing count, or using their hands for balance is not allowed. The officer will track all testing failures. Multiple failures can be an indication of intoxication.

Refusing a Field Sobriety Test in Oakland, California

Can Oakland drivers refuse to submit to a field sobriety test? Yes, it is legal, but officers may have enough evidence of DUI with out the results of the test and decide to arrest the driver anyway.

Under California’s Implied Consent Laws, Oakland drivers have given their “implied consent” to submit to a chemical test of their breath, blood or urine if asked to do so by an Oakland police officer. Drivers who refuse to submit to a chemical test may have their California driver’s license immediately suspended. License suspensions can be challenged by filing an administrative appeal with in specified number of days from the DUI arrest.

If you have failed a field sobriety test in Oakland, California, or if you have refused to take a chemical test and need help filing the license suspension appeal paperwork, contact a DUI lawyer in Oakland. DUI attorneys in California can make sure you get the help you need and get you back on the road as soon as possible.

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We all know the way a typical drinking and driving arrest goes: someone drinks, drives, is pulled over, faces license suspension, fines, jail time, and probation. However, what’s often not considered is the dangers of under age drinking and driving. This blog posts guides you through the laws, dangers, and problems with under age drinking and driving.

Zero Tolerance Law
Most all states have some kind of under age drinking and driving law in the books; many states call it the “zero tolerance” law. This means you can be charged with a DUI if you are drinking any amount and driving. Anyone under 21 cannot drink according to state laws. For example, if a college student of 18 years of age drinks one beer, drives, and is pulled over, he or she will be charged with a DUI. This means that no alcohol level is allowed. Most states use either .01% or .02% as the legal limit for under age drivers, which pretty much makes it so any drinking that occurs is illegal. Consider that the blood alcohol content limit for drivers in all 50 states is .08%. Why is it so much stricter for under age drinking? Everyone does it, right?

Dangers of Drinking and Driving
Put someone who’s been drinking behind the wheel of a car and you greatly increase the chances of an accident. Put someone under the legal drinking age behind a wheel after some drinking and you have even more chance of an accident and potentially a death. Studies have pointed out most drinking and driving arrests are individuals under 34 years of age, and that under age drivers are very commonly involved in accidents. Different states have different statistics, but drinking and driving is quite simply a leading cause of death.

Problem of Under Age Drinking and Driving
Unfortunately, there is no clear answer to under age drinking and driving. It’s been a major problem since younger adults started driving. The problem is that, though some drinking is very common, especially for those under 21, there are too many deaths involved to be ignored.

How to Defend a DUI
Defending an under age drinking and driving charge can be very problematic, but with the help of a DUI lawyer you can save valuable time and money, and also avoid stiff penalties. The problem is that in many states you will also be charged with a minor in possession or under the influence; since it’s illegal to be drinking under 21 at all, the penalties are designed to curb this. With the help of an experienced DUI lawyer, you can at the least lessen the penalties. This is never a happy time, but do not go through a criminal law hearing without proper representation.

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Driving under the influence of drugs, also called DUID, can lead to very tough penalties in California. What does this really mean? What drugs can you take and drive? What are the differences with a drinking and driving arrest? What California laws are you breaking? And how can you get help?

That’s a lot of important questions. First, let’s go over what “under the influence” is.

Under the Influence

Driving under the influence does not only mean alcohol, and in terms of drugs, not just the illegal ones. California law makes it clear that a DUI means you are incapable of driving a vehicle correctly, that your abilities to drive are less than that of a sober person, and that you are endangering others.

If you drink 10 shots of a strong drink, you are incapable of driving correctly. That’s easy to see, but if you get closer to the limit, if you drink less and still drive, you are quite often still endangering others by losing your ability to drive. Now think of that in terms of drug use, whether you’re abusing an illegal drug or taking the prescribed dose of a medicine. In these cases, it can also be hard to gauge your ability to drive. To be under the influence does not necessarily mean you abuse the drug; as long as it harms your ability to drive, you are breaking the law.

What drugs can you take?

You would rarely say, “Drink less and you’re fine to drive,” And it’s the same with drugs. You can never be sure. If you are prescribed a medicine, your doctor will often explain the effects. For example, a prescription for a mental illness may make you sleepy. You need to consult with your doctor if you can safely drive, while also reading the effects the drug will have on you. These are easy to find out.

In all cases, taking illegal drugs of any amount can lead to an accident. Just as simply drinking, even a little, greatly increases your chances of being in an accident, so too does using illegal drugs. You are far more likely to get in an accident, if not get pulled over. And if you’re pulled over after abusing illegal drugs, the California penalties are tough,

What are the differences?

All states make clear the “under the influence” laws, but it’s sometimes hard to see the difference between alcohol and drugs (legal or illegal). In California, there is no legal limit to drug use. If you abuse it or not, it does not matter. What matters is if it makes you under the influence. Just as being caught drinking and driving with open alcohol in the car can lead to charges, so too can driving under the influence of illegal drugs with them in your car can lead to severe penalties (the difference being that you can be charged with breaking drug laws). Also, some drugs stay in your system much longer. You could do an illegal drug – say cocaine – and it could lead to a California DUID charge days later. You’re usually much better after a day or two break of no drinking, but with drugs it can be very different. If you are tested positive for drugs, you can be charged with the DUID.

How can you get help?

A DUID is a very serious charge which requires professional California legal representation. That means hiring an experienced lawyer to handle your case. At the least, a lawyer can lessen charges. In some cases, he or she can help you beat the charges.

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California, the largest state in the United States, also has the most DUI arrests every year. In 2008 and 2009, over 200,000 DUI arrests were made. So that gives us an average of 200,000 California DUI charges every year. The numbers can be high because of the population of California, but it’s clear that California law and California officers know how to find drunk drivers.

For Los Angeles drivers, it could lead to some substantial penalties. What is your best option for defense? That’s easy: hiring a Los Angeles DUI lawyer to represent you in court. Let’s find out why.

Educate You On Laws
You may have no idea of where to start. You drank some, got behind the wheel, an officer pulled you over for speeding, and then he or she smelled alcohol on your breath. You failed the sobriety test, and were charged with drinking and driving. That’s one common scenario: Los Angeles police officers have many other ways to pull you over. What a lawyer can do is explain what happens next – how you should answer questions, how you should plead, what you did wrong,and what the laws says the penalties are.

Save You Time and Money
The best assets a lawyer gives is saving you time and money. If you are completely unaware of California DUI laws, and want more than a refresher than some articles might give, an experienced Los Angeles DUI lawyer can explain how best to handle this case. In most instances, you save time in and out court – you need not worry about further mistakes.

Now, you may be thinking a Los Angeles DUI lawyer costs you money, does not save you any. True, no lawyer is free, and some charge higher than others. However, think beyond the monetary value – the fines given for a first time or multiple DUI offender. If you’re working, how much money would you lose by being in jail for weeks or months? Or consider the value you’d put in simply not going to jail; many times, you would put a number on there higher than the lawyer fee.

If the Arrest was Wrong
Another advantage of a Los Angeles DUI lawyer is to have the case thrown out. For one, officers do make mistakes. Sometimes they fail to correctly arrest you. In other cases, they fail to file the correct documentation, or do not appear in court. There are many ways an arrest can go wrong. If there were clear errors, the case can be thrown out.

Lower Penalties
In most Los Angeles DUI cases, charges are made. It’s not always possible to win. Usually the breathalyzer test seals the deal. However, at the least a strong defense can lessen the penalties. You can expect a high fine, license suspension for a year if not years, and some time in jail. If your lawyer provides an effective defense, all these penalties can be lowered. If you were drinking and were pulled over, even if you plead guilty does not mean you will get the full penalties.

Give You a Second Chance
Perhaps the biggest change laws give is to offer second chances. Even if you’re a multiple California DUI offender, you can still get a second chance. An experienced lawyer can help in getting that second chance. We all make mistakes, but without proper legal representation, sometimes the penalties can seem to ruin your life. An effective defense can lower penalties, if not eliminate them, and within some time you will be able to drive again.

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Penalties for a DWI arrest in New Mexico can vary for drivers depending on whether it is their first DWI arrest, the amount alcohol in their blood (BAC), the county where they are arrested and if their DWI caused another person bodily injury or death. New Mexico has some of the toughest DWI laws in the country, and even if this is the driver’s first DWI offense, it is a good idea to call a New Mexico DWI lawyer. A DWI attorney can review the DWI case and answer all of the DWI questions.

DWI in the state of New Mexico includes:

1. Operating a motorized vehicle under the influence of alcohol or drugs at a level which makes the driver incapable of safely operating the car.
2. The driver’s blood alcohol concentration (BAC) is 0.08% or higher. If the driver is a commercial truck driver it is illegal to operate a truck with a BAC of 0.04% or higher.
3. The driver is under the age of 21, and their BAC is 0.02% or higher

Aggravated DWI can occur if a New Mexico driver has a BAC of 0.16% or higher, the driver causes personal injury to another person while they are intoxicated or they refuse to take a chemical test.

Penalties for DWI in New Mexico

First offense

(Misdemeanor)

• Could be required to spend up to 90 days in jail
• Mandatory attendance of an alcohol education class and an alcohol evaluation class
• License revocation for 6 months to 1 year. If the driver is under the age of 21 their license will be suspended for 1 year.
• Mandatory Ignition Interlock Device for one year
• Community Service

Second Offense

(Misdemeanor)

• Required 2 year license revocation
• 96 hours mandatory jail sentence and up to 364 days in jail
• Required to pay a fine of $500 and up to a maximum of $1,000
• Alcohol evaluation and class
• Required community service
• Required installation of Ignition Interlock Device

Third Offense

(Misdemeanor)

• Mandatory 3 year license revocation
• Up to 5 years probation
• Minimum $750 fines and penalties with a maximum of $1,000
• Required community service
• Mandatory attendance in an alcohol treatment program
• Mandatory installation of an Ignition Interlock Device for 3 years

Fourth Offense

(Felony in the 4^th Degree)

• Permanent license revocation with a 5 year court review
• Mandatory alcohol treatment and evaluation class
• Lifetime Ignition Interlock Device with a 5 year court review
• Maximum $5,000 fine
• Maximum 18 months in prison with 6 months mandatory jail time

Refusing to take a breath or blood test

New Mexico drivers who refuse to submit to a blood test will automatically lose their driver’s license for 20 days after their DWI arrest. This revocation can be challenged by filing a written request for a DWI hearing with in ten days from the date of the DWI arrest. The arresting officer will generally give the driver notice of revocation at the time they are arrested. If not, the Department of Motor Vehicles will send the notice via registered mail.

Failure to make a written request for a DWI administrative hearing will lead to the revocation of the driver’s New Mexico driver’s license. A request for a hearing must be received by the motor vehicle department with in 10 days from the date of the DWI arrest. A DWI attorney can help complete this form and review all of the DWI arrest information.

Common Questions about DWI arrests in New Mexico

• Do I need to hire a New Mexico criminal defense lawyer?

New Mexico drivers do not have to hire a New Mexico DWI lawyer, but New Mexico’s DWI laws are some of the toughest in the country. Failure to file the proper DWI forms can lead to a license suspension. DWI offenses are not like other traffic violations. Serious consequences for a DWI arrest can include: jail time, fines and penalties, alcohol treatment classes and license suspensions.

• What happens if my first DWI was an aggravated DWI?

Drivers who are arrested with a blood alcohol level of 0.16% or higher, who have caused injury to another driver or who have refused to submit to a BAC test can be charged with an aggravated DWI. The type of penalties assessed against the driver will depend on many different factors, but at the minimum, the driver will be required to spend at least 48 hours in jail. A criminal defense lawyer can review your case and tell you the specific penalties you may face.

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