This depends, of course upon the unique circumstances of your case. Such factors can include any prior convictions, your age, whether your DWI charge is aggravated, whether there was an accident, the method of chemical testing, amount of attorney and staff time expected, etc. When and where possible, a flat fee for your case will be established so that there is relative certainty for the client as to cost and decisions in your case are made for legal and factual, rather than financial, reasons.
When your blood alcohol level is between 0.08 and 0.159, you could be charged with DWI. If your blood alcohol level is 0.16 or above, if you refuse to submit to a complete chemical test of your breath or blood, or cause an accident with injuries, then you could be charged with an aggravated DWI. Of course, the penalties for an aggravated DWI are more severe, including mandatory jail time if convicted of the aggravated portion of the charge.
Yes, the notice serves as a temporary driver's license for 20 days. If you or your attorney properly requests an Implied Consent hearing from the MVD within ten days of your arrest, your driving privileges are extended until decided by the hearing officer at the MVD hearing, which must be held within 90 days from the date of your arrest.
No, limited licenses are no longer available to persons who have been subjected to administrative license revocation or are convicted of DWI. However, all drivers revoked based on a DWI are eligible for ignition interlock licenses, which allow you to drive anywhere, anytime, as long as the proper license is obtained, the vehicle is equipped with an ignition interlock device and the paperwork regarding the interlock is maintained in the car.
DO NOT go to the Motor Vehicle Division (MVD) and get a New Mexico identification card (obtaining such an I.D. card will invalidate your driving privileges!). Instead, go to the MVD and request a duplicate license as soon as possible after your arrest. Assuming your driving privileges are not suspended, revoked or denied by New Mexico or any other state, the MVD will issue you a temporary paper license and send you the hard-plastic license in the mail. This will allow you to have a proper form of identification necessary to travel or conduct regular daily business. In the meantime, you may also use a passport, military I.D., etc. to travel or conduct such business.
It depends! Aggravated DWIs entail mandatory jail time, but with most DWI cases, attorneys can work out alternatives with the court. Voluntarily putting yourself into an alcohol or drug counseling program before your case is resolved in court is very helpful to both your life and your case. The judge should take that into account on your case.
In Bernalillo County, fines and fees usually total approximately $377. This amount includes court costs, screening fee, DWI School fee, etc. Fines of $500 to $1000 can also be imposed.
Yes, an ignition interlock system must be installed on all vehicles driven by an offender AND an offender must obtain an ignition interlock license. The interlock license fee is approximately $50 and the ignition interlock fee is $50 to $100 monthly, plus installation, removal and download fees.
Many police agencies have policies not to read a person their Miranda warnings unless they will be interrogated while in custody.
Not unless you obtain an outright win, which means winning the Motor Vehicle Division hearing and the criminal case. The records will remain available through the MVD, even if the matter is deferred in criminal court. A deferred DWI conviction can also be used as a prior in a subsequent DWI case to enhance the sentence. Conditional discharges on DWI cases are, unfortunately, against the law in New Mexico.
Unless the court orders and/or the parties agree to an extension, the state should begin your trial within 182 days of your arraignment or the filing of a waiver. The New Mexico Supreme Court modified NMRA Rule 7-506(E), and effective January 15, 2009, if the state fails to do this, then the charges may be dismissed, at the discretion of the trial court, rather than a mandatory dismissal.
Time is of the essence! Consult legal counsel immediately to make sure you don't miss important deadlines. Consider voluntary alcohol counseling, which may address a serious alcohol dependance problem, or prevent a much bigger problem in the future.
A significant change in DWI law became effective in April 2007. The new law states that a person can be found guilty of DWI if they have a blood alcohol content (BAC) of .08 or greater within three hours of driving and the alcohol concentration results from alcohol consumed prior to or while driving.
There are three reasons why someone is charged with DWI if their breath score is below .08, any of which can result in a conviction:
Yes, your license may be revoked if you are ultimately convicted in the criminal case.
Simply put, in court the finder of fact is a judge or jury and the outcome could be a criminal conviction. The burden of proof in court is beyond a reasonable doubt. The MVD hearing, if properly requested, is an administrative hearing that only deals with a person's privilege to drive in New Mexico. The burden of proof in MVD is whether there is a preponderance of the evidence regarding the issues in the hearing. The person who decides the MVD hearing is an attorney hired by the Motor Vehicle Division who is limited to considering the issues below:
Yes, the City of Albuquerque can seize your vehicle; however, it is possible to get it back under certain circumstances and conditions. The city has the ability to work out agreements to return a seized car to innocent owners and sometimes even the offender. You or your attorney must timely request a hearing from the city to preserve this opportunity. Agreements to get vehicles back usually involve boot devices and a significant payment to the city.
It is no longer an option to sit out the revocation period by not driving during the revocation period and then reinstating your license. On July 1, 2009 a new law took effect and in order to reinstate your driver's license, you must:
Even if you have an out-of-state driver's license, your privilege to drive in your home state could be in jeopardy, based on the outcome of the MVD and criminal portions of your case. It is important that you timely request an Implied Consent hearing within ten (10) days from the date of your arrest. If you fail to timely request an Implied Consent hearing through MVD or your license is revoked as a result of losing the MVD hearing or based on the criminal conviction, New Mexico's Motor Vehicle Division will create a record for you in their system. The New Mexico MVD then sends that information to your home state, which could honor New Mexico's revocation and/or impose additional consequences based on your home state's law.
When it comes time to reinstate your home state license they may require you to satisfy New Mexico's requirements:
At this time, New Mexico's MVD will not require you to provide proof of driving with an ignition interlock device at the end of your revocation period if you are an out-of-state resident.
It is important to know that the only way to ensure that you will retain the ability to drive throughout this process is to be licensed in New Mexico and therefore eligible to obtain and use a New Mexico Ignition Interlock License. Out-of-state licensees are not eligible to obtain an ignition interlock license and, unless your home state has an alternative, you may be unable to drive during your revocation period. Thus, we often recommend that prospective clients with out-of-state licenses who can establish residency in New Mexico get a New Mexico license immediately after their arrest. This will allow you to proceed knowing that, even if you lose your license, you will still be able to drive if you get an ignition interlock device installed and the ignition interlock license.
Do you have questions or do you want to make an appointment in this area?
Call us at 505 247-4747 or use our contact form.
ULIBARRI LAW OFFICE
503 Slate St NW
Albuquerque, NM 87102
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Ulibarri Law Office offers FREE & prompt legal consultations on all Criminal and Personal Injury cases. You will sit down and discuss your case with attorney, Karlos Ulibarri.
Please contact the office at (505) 242-6220
or (505)247-4747 for an appointment.
Ulibarri Law Office is conveniently located in downtown Albuquerque at 830 5th St. NW (between Mountain and Lomas Blvd. on the east side of 5th St., corner of Marble and 5th St. Two blocks north of Lomas Blvd. and Right next to the Metropolitan Courthouse).
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