Even good people make mistakes from time to time. Driving under the influence (DUI) is one such mistake, one that can have an impact on your life for many years to come.
If you’re charged with DUI in Albuquerque, you’ll face a range of serious punishments and penalties depending on the nature of the offense and your criminal background.
Penalties for DUI in New Mexico
Previous offenses play a significant role in the type and severity of penalties you face for DUI:
- Jail Time
First offenses are punishable by up to 90 days in jail. Those convicted of second offenses may receive 96 hours to 364 days. Jail terms for third and subsequent offenses range from 30 days to 364 days.
If you’re convicted of a first offense, you’ll be faced with a maximum fine of $500. Fines for second offenses range from a mandatory $500 to $1,000. Upon the third offense, fines range from a mandatory $750 to $1,000.
- License Revocation
If you refuse chemical testing, your license will be automatically revoked for one year. If it’s your first offense and your blood alcohol concentration (BAC) is over the legal limit of .08%, your license will be immediately taken by law enforcement and revoked for six months. If it’s your second or subsequent offense, your license will be revoked for one year. Once your license is reinstated, you may be required to install an ignition interlock device.
- Substance Abuse Programs
The results of your mandatory substance abuse screening will determine what type of program you must participate in. All those convicted of DUI will be required to take a DUI educational course, while others may be required to attend in-patient treatment for 28 days.
Aggravated and Underage DUI
Drivers face more serious penalties if their BAC was .16% or higher at the time of their arrest, or if they caused injuries to others while driving under the influence. Aggravated DUIs receive mandatory jail time based on the number of previous offenses. First offenses receive a mandatory 48-hour jail term, second offenses receive a 96-hour term, and third offenses receive a 60-day jail term.
Underage drivers are subject to a lower legal BAC limit of .02%, as opposed to .08% for drivers who are the legal drinking age. Those under the age of 21 caught drinking and driving will lose their driving privileges for one year.
Legal Help Is Essential When Faced with DUI
Securing skilled legal counsel during your DUI case is a must to ensure your rights are protected. In Albuquerque, Simon A. Kubiak, Attorneys at Law, PC has assisted numerous clients get their lives back on track after a DUI conviction.
Our skilled team of attorneys and legal professionals will review the facts of your case to ensure you were treated fairly and justly by law enforcement. We’ll also work to reduce the charges against you using our expansive legal knowledge and experience.