If you are pulled over on suspicion of a New Mexico DWI, you will be asked to take a chemical test. If your blood alcohol level is .08% or higher, you are above the legal limit and without proving intoxication the prosecution may convict you of violating the New Mexico 'per se' law. When this occurs, you will be facing both a criminal court case and a Motor Vehicles Division case. Each one carries its own consequences and punishments.
The first thing you need to do after being arrested for a New Mexico DWI is contact a lawyer, because you have a limited amount of time that you can wait before requesting your MVD hearing. If you wait too long, you will automatically lose your license. A lawyer will help you to protect your right to drive.
You can be proven guilty of a New Mexico DWI in two ways. The easiest way to prove that you were or were not guilty of driving drunk is through a blood alcohol concentration test. If you are driving with .08% or higher BAC, you could be guilty of violating the New Mexico per se law without any proof of intoxication.
However, in New Mexico you do not have to be chemically tested in order to prove guilt. If you are exhibiting drunk driving patterns or fail a field sobriety test, you can also be found guilty. You do have the right to go to trial to defend yourself in a drunk driving case in the state of New Mexico.
A New Mexico DWI attorney can help you tremendously lessen the punishments you may face if not get out of the DWI charge all together. Click here for a free discussion with one of our skilled aggressive New Mexico DWI lawyers .
New Mexico also requires those convicted of a DWI offense to carry SR-22 insurance policies which are a form of high risk auto insurance coverage. These types of policies can get pretty expensive and again they are required by the New Mexico Department of Motor Vehicles for a period of 3 years for anyone convicted of DWI in the state.
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