New Mexico has a serious DWI problem. That is why it has harsher penalties and lower maximum sentencing guidelines than most other states. This can especially be seen in the case of New Mexico aggravated DWI penalties. Generally speaking, aggravated DWI charges are based upon additional crimes that occur during the DWI incident. Some contributing factors to a New Mexico Aggravated DWI are the refusal to submit to a blood or breath test and accidents causing injuries. A high blood alcohol concentration (BAC) is on the list, too.
If you are pulled over and found to have a BAC of .16 percent, you will be charged with a New Mexico aggravated DWI. In addition to the 48 hours of mandatory jail time for a first offense DWI, your mandatory minimums will be raised. Aggravating circumstances will cause you to spend much more time in jail: 90 days for a first offense, second or third offense are both up to a year. For a felony, you are looking at 18 months to 3 years in jail, depending on the degree of your felony conviction.
Additionally, the mandatory minimums are as follows for a first-time DWI conviction (no aggravating circumstances):
- Attend a victim impact panel and DWI school.
- Alcohol and drug abuse screening; counseling and treatment, if recommended.
- No consumption or possession of drugs or alcohol.
- 24 hours of community service.
- Court and probation costs.
- One-year ignition interlock requirement.
If you are convicted of a New Mexico Aggravated DWI, you will face harsher penalties in addition to the ones just listed.
A New Mexico Aggravated DWI conviction is a lesson you will not forget. Even making this mistake once carries strict penalties with little chance for leniency. Judges do not look kindly on aggravated DWI offenders and will most likely give you the harshest penalties available, especially when the state is already faced with a high rate of drunk driving problems.