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DUI/DWI

Recently Charged with DUI/DWI?


Sound legal advice is based on years of training, hard work, and passion, as well as familiarity with legislation and precedent and sound consideration. You’ll find all that and more at Kelly O'Connell 

DUI/DWI Attorney, Las Cruces NM


What is a DUI?

Driving under the influence (DUI) of intoxicating liquor or drugs is rightly considered “the new felony.” In New Mexico, it is illegal for those 21 years old or older to drive with a blood alcohol concentration (BAC) of 0.08% or higher. A BAC of 0.16% or higher is considered aggravated DUI. Drivers under the age of 21 cannot drive with a BAC of 0.02% or higher, and CDL drivers cannot drive with a BAC of 0.04% or higher. A DUI conviction results in lost driving privileges, as well as a mandatory DUI ignition interlock license and the installation of an interlock device, even for first-time offenders. A conviction can also impact job applications and background checks, and even lead to prison time. A good attorney will properly investigate the entire case and challenge the police stop and any evidence of alcohol or drugs. Don’t wait until a conviction and accept a black mark on your history—contact us now!

BAC Limits by the Numbers

NM Stat § 66-98-102. New Mexico BAC Limit (21 and older): 0.08% Zero Tolerance BAC Limit (Underage): 0.02% Enhanced Penalty BAC Limit (Aggravated): 0.16% CDL Drivers: 0.04% Under NM’s "implied consent" law, if you are lawfully arrested by an officer who has reasonable suspicion that you are under the influence, then you give consent to take a chemical test of your blood or breath to determine BAC. If you refuse to submit to testing, then you risk automatic license suspension and other penalties.

Civil DUI Penalties

Criminal DUI Penalties

Aggravated DUI

An aggravated DWI charge can come from an accident resulting in injury or death, refusal of a chemical test, and/or a BAC of 0.16% or more. Aggravated DWI carries harsher penalties, as listed below.
In addition, for those with CDL licenses, an aggravated DWI charge results in a one-year disqualification. A second offense results in a lifetime disqualification.
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Sound legal advice is based on years of training, hard work, and passion, as well as familiarity with legislation and precedent and sound consideration. You’ll find all that and more at Kelly O'Connell 

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