Ousama M. Rasheed Criminal Law Blog on Lawyers.com

Penalties for DUI Conviction in Albuquerque

Monday, February 13, 2012 by Ousama M. Rasheed

Albuquerque DUI convictions carry stiff penalties. Each repeated DWI offense carries more severe penalties than the previous offense.

Criminal penalties are as follows:

* First Offense (Misdemeanor)

* Jail: Maximum 90 days

* Aggravated DWI: additional 48 hours jail

* Maximum fine: $500

* Second Offense (misdemeanor)

* Jail: maximum 364 days; mandatory 96 hours

* Aggravated DWI: additional 96 hours in jail

* Fines: maximum $1,000; mandatory $500

* Third offense (misdemeanor)

* Jail: maximum 364 days; mandatory 30 days

* Aggravated DWI: Additional 60 consecutive days in jail

* Fines: maximum $1,000; mandatory $750

* Fourth offense (fourth degree felony)

* Prison: maximum 18 months; mandatory six months

* Find: maximum $5,000

* Fifth offense (fourth degree felony)

* Prison: maximum two years; mandatory one year

* Fines: maximum $5,000

* Sixth Offense (third degree felony)

* Jail: maximum 30 months; mandatory 18 months

* Fines: maximum $5,000

* Seventh offense (third degree felony)

* Prison: maximum three years; mandatory two years

* Fines: maximum $5,000

* DWI vehicular homicide (third degree felony)

* Prison: maximum six years

* Fines: maximum $5,000

Aggravated DWI, covered by New Mexico statute 66-8-102D & F(1) (http://law.justia.com/codes/new-mexico/2006/nmrc/jd_66-8-102-7005.html), also carries stiffer penalties. Authorities charge drunk drivers with an aggravated DWI when:

* The driver refuses to submit to a blood or breath test

* The driver submitted to a blood or breath test and the blood alcohol content (BAC) was higher than .16 percent

* The driver was involved in a DWI accident involving serious injuries

Importance of a strong DUI defense

When a defendant involves Albuquerque DUI attorneys early in the case, lawyers can often negotiate pleas for reduced charges and alternatives to jail such as drug treatment and rehabilitation programs. More opportunity also exists for developing effective case strategies to challenge weaknesses in the prosecution’s case. If a lawyer can prove that an officer did not have probable cause to stop or detain, the court may dismiss the case.

Put an experienced DUI lawyer on your side

Rasheed & Associates, P.A. aggressively defends clients’ rights, basing case strategies and arguments on 20 years of experience handling DWI cases. Whenever possible we seek reduced charges or employ strategies to have charges dropped. Call 505-246-8474 or contact us online to schedule a free initial consultation.

Posted at 18:37 PM

Topic: Criminal Law