DWI Lawyer in Farmington, New Mexico

Call Patscheck Law, P.C. for a free, no-obligation consultation with a local attorney, ready to help.

Patscheck Law, P.C., delivers client-focused and effective representation for residents dealing with DWI charges. You should not face the court system alone or live with the lasting damage of a conviction. Let a DWI lawyer in Farmington explain your situation, how to preserve your license, and fight to keep your record clear.

Protect Your License & Liberty from a DWI

You have two legal battles to fight after a DWI arrest: preserve your driving privileges and your freedom. New Mexico has both civil and criminal penalties for a DWI. A DWI attorney with Patscheck Law, P.C., can help you with both.

Attorney Patscheck is a former prosecutor who uses her background and knowledge to benefit every client. When your case involves a DWI, that means fighting to get your charges reduced or dropped by attacking the initial stop, challenging faulty DWI tests, and striving for the best possible resolution.

At Patscheck Law, we know how the state convicts people for DWI, so we understand what it takes to defend you.

Start with an Aggressive DWI Defense

We can fight a DWI charge to prevent you from jail, fines, or license suspension. As our client, you can expect:

  • Questions to be answered in a free consultation.
  • An accurate assessment of what happened, from the initial stop to the breath test to the legality of your arrest.
  • Open discussion about potential pleas, diversion options, and what’s the best decision for you.
  • Aggressive representation of your interests in and out of court.
  • The utmost discretion when tackling the issues in your case.
  • An experienced trial attorney who is not afraid to battle your case in the courtroom.

No matter who you are, what was alleged, or how you came to be charged with a DWI, you deserve respectful, assertive, and compassionate legal representation.

DWI Laws & Penalties

New Mexico’s DWI laws are complex. You should have a trial-tested attorney throughout this process.

New Mexico considers Driving Under the Influence (DUI) to be the same as Driving While Intoxicated (DWI). The following sections will use DWI to represent both charges.

What Is Intoxicated?

New Mexico police look for motorists who are weaving, driving too fast or too slowly, or who exhibit other signs of potential intoxication.

It is illegal for you to drive with a breath or blood alcohol concentration of:

  • .08 % or greater if you are 21 or older.
  • .04 % or greater if you are a commercial vehicle driver.
  • .02 % or greater if you are under 21 (the legal drinking age in New Mexico)

Implied Consent & Chemical Tests

If a police officer pulls you over for driving while intoxicated, he or she may ask you to take a chemical test. It is usually a breathalyzer – you blow into the device, and it measures the concentration of alcohol in your breath.

New Mexico has an implied consent law for chemical tests. The officer cannot force you to take the test, but the penalties might be harsher than if you agreed to the test and failed.

DWI – Automatic Loss of Driving Privileges

If you exceed the legal limit or refuse the test, the police will confiscate your license on the spot. The New Mexico Motor Vehicle Division has the power to revoke your license if you refused a chemical test or if you were above the legal limit.

  • Your license will be revoked 20 days after confiscation unless you request an administrative hearing within ten days of your arrest.
  • An attorney can fight for your right to keep your driving privilege at an administrative hearing.
  • The hearing officer may revoke your license, may require you to obtain the ignition interlock in your vehicle if the Motor Vehicle Department revokes your license, or may rescind the revocation if the administrative hearing goes in your favor.

Criminal DWI Penalties in New Mexico

Criminal charges for DWIs increase with each offense. The first three DWI convictions will be misdemeanors. After a fourth DWI, the charge becomes a felony.

The court has some flexibility in DWI sentencing. However, a few mandatory penalties for a DWI conviction include:

  • Installing an ignition interlock device in every vehicle
  • Community service
  • DWI school
  • Victim Impact Panel
  • Substance abuse screening and following recommended treatment

1st DWI (Misdemeanor)

  • Up to 90 days in jail
  • Fine up to $500
  • Up to one year on probation
  • Ignition interlock license for one year with an ignition interlock device in every vehicle driven
  • 24 hours community service, Victim Impact Panel, DWI School, and completing a substance abuse screening with recommended treatment

2nd DWI (Misdemeanor)

  • Mandatory 96 consecutive hours in jail, up to 364 days in jail
  • Mandatory $500 fine; maximum $1,000 fine
  • Ignition interlock license for two years with an ignition interlock device in every vehicle driven
  • Up to five years on probation
  • 48 hours community service and completing a 28-day in-patient or a 90-day out-patient substance abuse treatment program

3rd DWI (Misdemeanor)

  • Mandatory 30 consecutive days in jail, maximum 364 days in jail
  • Mandatory $750 fine; maximum $1,000
  • Up to five years on probation
  • Ignition interlock license for three years with an ignition interlock device in every vehicle driven
  • 96 hours community service, completing a 28-day in-patient or a 90-day out-patient substance abuse treatment program; or a drug court program

4th DWI (4th Degree Felony)

  • Mandatory six months in jail; maximum 18 months in prison
  • Up to $5,000 fine
  • Up to five years on probation
  • Ignition interlock license for three years with an ignition interlock device in every vehicle driven with permission to seek restoration every five years without additional conviction
  • Substance abuse screening and follow recommended treatment

5th DWI (4th Degree Felony)

  • Mandatory one year in jail; up to 24 months in prison
  • Up to $5,000 fine
  • Up to five years on probation
  • Ignition interlock license for three years with an ignition interlock device in every vehicle driven with permission to seek restoration every five years without additional conviction
  • Substance abuse screening and follow recommended treatment

6th DWI (3rd Degree Felony)

  • Mandatory 18 months in jail; up to 30 months in prison
  • Up to $5,000 fine
  • Up to five years on probation
  • Ignition interlock license for three years with an ignition interlock device in every vehicle driven with permission to seek restoration every five years without additional conviction
  • Substance abuse screening and follow recommended treatment

7th DWI (3rd Degree Felony)

  • Mandatory two years in prison; up to three years in prison
  • Up to $5,000 fine
  • Up to five years on probation
  • Ignition interlock license for three years with an ignition interlock device in every vehicle driven with permission to seek restoration of standard license every five years without additional conviction
  • Completing a substance abuse screening and follow recommended treatment

8th DWI (2nd Degree Felony)

  • Mandatory ten years in prison; up to 12 years in prison
  • Up to $10,000 fine
  • Up to five years on probation
  • Ignition interlock license for three years with an ignition interlock device in every vehicle driven with permission to seek restoration of standard license every five years without additional conviction
  • Completing a substance abuse screening and follow recommended treatment

DWI Convictions Remain on Your Record

A DWI conviction – even one – cannot be expunged (removed) from your record. Anyone who requests a background check will know that you were convicted of drunk driving.

Depending on your job, you may have to find new employment. Certain opportunities will be closed to you if you have a felony DWI conviction, such as losing the right to own a firearm, voting, or running for public office.