• Did you or a loved one get arrested for Driving While Under the influence of intoxicating liquor or drug?

• Are you unsure of what to do now?

• Are you wondering if you need an attorney to represent you through the upcoming court processes?

• Not sure if you can afford an attorney?

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     If you answered yes to any of these questions, call an attorney at Schutte & Associates, LLC today for a free consultation. The attorneys at Schutte & Associates will aggressively defend your rights at all stages. Do not hesitate to call if you have recently been arrested. There are several important deadlines that must be met early in the process, such as, requesting an MVD administrative hearing within 10 days of the date of arrest and excusing the judge assigned to the case. A DWI charge can lead to the loss of your driver’s license, significant financial penalties or even time behind bars. To defend yourself against DWI charges, and not miss important deadlines, you should contact an experienced DWI attorney today.

   

     Schutte & Associates offers affordable legal assistance. We also accept all major credit cards, and offer flexible payment plans to work with your needs! We can do client consultations in-person, over the phone or through Google Meet, and we accept cases from different jurisdictions across the State of New Mexico. Call today to get set up a free consultation with one of our attorneys.

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What are the blood/breath alcohol concentration limits?

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    Under NMSA 66-8-102, it is illegal for a person to drive a vehicle if s/he is under the influence of alcohol and/or drugs. NMSA 66-8-107 states "Any person who operates a motor vehicle within this state shall be deemed to have given consent . . . to chemical tests of his breath or blood or both."  There is a presumption of being under the influence if an alcohol-concentration is:

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• .02 BAC or greater in drivers under the age of 21;

• .04 BAC when a driver is operating a commercial vehicle;

• .08 BAC when the driver is 21 years or older;

• A charge of DWI can be aggravated when there is a refusal to submit to chemical testing; if a BAC is .16 or greater; OR if there was accident with bodily injury.

• A DWI can still be charged if the BAC is under the "legal limit" and the driver is shown to be "impaired to the slightest degree." This is the standard most often used when there is a suspicion that a driver is under the influence of drugs.

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Penalties for New Mexico DWI Convictions

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• DWI 1st Offense: Up to 90 days in jail, up to a $500 fine, up to one (1) year on probation, and additional mandatory requirements of: at least 24 hours of community service, DWI School, and completing a substance abuse screening and follow all recommended treatment. Also, an ignition interlock license for 1 year with an ignition interlock device in every vehicle driven during that time

  • Aggravated DWI 1st: Minimum sentence of 48 hours in jail, if convicted, in addition to the above penalties.​

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• DWI 2nd Offense: Mandatory consecutive 96 hours in county jail, up to 364 days in jail, up to a $1,000 fine ($500 mandatory), up to five (5) years probation, and additional mandatory requirements of: 48 hours community service, completing a substance abuse screening and follow all recommended treatment, and completing a 28-day in-patient or a 90 day out-patient substance abuse treatment program, a drug court program, or any other substance abuse treatment program approved by the court. Also, an ignition interlock license for 2 years with an ignition interlock device in every vehicle driven during that time;

  • Aggravated DWI 2nd: Additional mandatory 96 hours in jail, if convicted, in addition to above penalties.​

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• DWI 3rd Offense: Mandatory 30 consecutive days in jail, up to Up to 364 days in jail, up to Up to a $1,000 fine ($750 mandatory), up to five (5) years probation, and additional mandatory requirements of: 96 hours community service, completing a substance abuse screening and follow all recommended treatment, and completing a 28 day in-patient or a 90 day out-patient substance abuse treatment program, a drug court program, or any other substance abuse treatment program approved by the court. Also, an ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time;

  • Aggravated DWI 3rd: Additional mandatory 60 consecutive days in jail, if convicted, in addition to above penalties.​

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• DWI 4th Offense: 4th Degree Felony; Mandatory 6 months in jail, up to 18 months in prison, up to a $5,000 fine, up to five (5) year probation, and additional mandatory requirements of: completing a substance abuse screening and follow all recommended treatment. Also, ignition interlock license for life but can petition the court for restoration of license after five (5) years with no subsequent DWI convictions;

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• DWI 5th Offense: 4th Degree Felony; Mandatory one (1) year in jail, up to 2 years in prison, a $5,000 fine, and additional penalties as detailed in DWI 4th offense;

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• DWI 6th Offense: 3rd Degree Felony; Mandatory 18 moths in prison, up to 30 months in prison, a $5,000 fine, and additional penalties as detailed in DWI 4th offense;

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• DWI 7th Offense: 3rd Degree Felony; Mandatory 2 years in prison, up to 3 years in prison, a $5,000 fine, and additional penalties as detailed in DWI 4th offense;

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• DWI 8th or subsequent Offense: 2nd Degree Felony; Mandatory 10 years in prison, up to 12 years in prison, a $10,000 fine, and additional penalties as detailed in DWI 4th offense;

 

What can an attorney do for me ?

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     While a person can represent themselves, DWIs are very complicated and require expertise to attack all the potential issues that may arise. At Schutte & Associates, we screen, review, and defend your case with great attention to all the details. Everything from the officer pulling you over, the Field Sobriety Tests, the time of detention before arrest, the Breathalyzer testing and calibration, the reading of the Implied Consent Act, to the officers’ training and experience will be scrutinized by our competent attorneys for any weakness in the State’s case. If any rules were not followed, we will file the appropriate motion to suppress evidence or have your case dismissed.  At all steps through the process we will remain in contact with the client to ensure that the are well advised on the status of their case. We cannot guarantee that we will get your case dismissed, but we will fight it aggressively to ensure that the eventual plea deal that is offered by the State is the best possible offer or take your case to trial if needed. A competent attorney is necessary throughout this complicated process, and you can count on the attorneys at Schutte & Associates to utilize their skills, expertise, and experience to make the State prove every element of the case against you.

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