As experts in criminal law, we know that you and your family need to understand everything about your case. Here are some answers to the New Mexico DWI questions that we hear the most.
What is a DWI? How is it different from DUI?
According to NM statute number 66-8-102, it is illegal for a person to drive a vehicle if they are under the influence of alcohol and/or drugs. The illegal blood alcohol limit varies for different drivers, depending on their age and whether they have a commercial driver’s license.
- Drivers younger than 21 years cannot drive when their blood alcohol is .02 or higher
- Commercial drivers cannot operate a vehicle with a blood alcohol that is .04 or higher
- Drivers who are at least 21 years old cannot drive with a blood alcohol limit of .04 or higher and a .08 and higher is presumptive evidence that you are too impaired to drive
- Driving with a blood alcohol limit of .16 or higher is a more serious offense, known as aggravated DWI that carries harsher penalties.
The terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably in New Mexico and there is no difference between them. New Mexico does not have a DWAI, or lesser offense of DWI, like some other states.
What are the possible penalties for a DWI in New Mexico?
Being convicted for violating New Mexico DWI laws can have a drastic impact on a person’s life. The conviction will be permanently on a person’s criminal and driving record.
At Frechette & Associates we understand that knowing the answers to the New Mexico DWI Questions are important and that an in-person appointment with one of our attorneys is the best way to give you answers. If you find yourself charged with DWI in New Mexico we will be your defense team and fight for your rights.
