Larsen & Mender Law

Charged with a DWI in New Mexico?

Drunk driving is one of the most prosecuted crimes in New Mexico. If you have been charged with DWI in New Mexico, you should speak to an experienced New Mexico DWI attorney as soon as possible.

Types of DWI’s in New Mexico

In New Mexico, there are several types of DWI’s along the spectrum of impairment, and each has its own punishment and consequences. 

Impaired to the Slightest Degree

It is illegal to drive a vehicle when the consumption of drugs or alcohol impairs the driver to the slightest degree. This means that even if you only had one alcoholic drink or smoked a single joint, a police officer can arrest you if they suspect the slightest impairment. 

Over the Legal Limit

You may be charged with DWI if your blood alcohol content (BAC) is over .08%. It is hard to determine how much alcohol equals a BAC of .08%; factors that affect BAC include height, weight, gender, and type of alcoholic drink you had.

Aggravated DWI

If you have a BAC of .16% or above, you may be charged with aggravated DWI. Refusing to give a breath sample or causing an accident with bodily injury could also result in an aggravated DWI. The punishment for aggravated DWI is more severe.


Whatever type of DWI you have been charged with, it is important to remember that a DWI or DUI charge is not a conviction. An experienced attorney can help you take steps to fight your charges and potentially avoid having a conviction on your record.

Having one or more prior DWI convictions will increase the punishment for any future DWI convictions. It is very important to consult with an experienced attorney about your case. Trying to handle DWI charges on your own or with an inexperienced attorney could be devastating. If you need help with your DWI charge, contact us today.

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