First Time DWI/DUI
A first time DWI/DUI conviction carries statutory minimum sentencing. Judges may not deviate from the statutory minimums. In simple first DWI/DUI cases, which are first time DWI/DUI with a blood alcohol level of below .16, there is no mandatory jail time. However, there is the possibility of up to 90 days in jail. Due to the manyDWI/DUI related deaths that occur each year in New Mexico, there are many in the legislature and the Governor who are pushing for jail sentences even on a first time simple DWI/DUI. As such, one should expect the penalties to grow more, not less, severe in the coming years.
For a first time DWI/DUI, the mandatory minimums include the following:
These are not negotiable. This means that the judge will not and cannot consider in sentencing your absence of a criminal history, your employment, your need to drive your vehicle without an ignition interlock, your family situation, your model citizenship in every other aspect of your life, or any other conditions. These conditions are mandatory minimums.
Mandatory minimum means also that the judge can impose greater sentencing. In fact, a first time simple DWI/DUI can face up to 90 days in jail. However, as it stands, most courts throughout New Mexico routinely sentence first time simple DWI/DUI offenders to First Offender Program. The First Offender Program carries the mandatory minimums with no jail time. There are occasions when the judge’s will deviate upward from the minimums short of jail time. These deviations might include greater community service burdens, more frequent contacts with probation, increased levels of counseling, and other conditions that the judge feels are necessary and appropriate for the particular case.
Though a simple first DWI/DUI carries no mandatory jail time, an aggravated first DWI/DUI carries a mandatory minimum of 48 hours jail time. Depending on the severity of the DWI/DUI breath scores, there are judges that will order additional jail time beyond the minimum 48 hours.
Finally, violation of any of these conditions or other conditions set by the court as a condition of probation may result in a bench warrant and possible jail time up to the full 90 days.
For a first time DWI/DUI, the mandatory minimums include the following:
1. DWI School,
2. Victim Impact Panel,
3. Screening for Alcohol and Drug Abuse,
4. Alcohol or Drug Abuse Counseling and Treatment if recommended by probation.
5. Random drug and alcohol testing if deemed necessary by probation,
6. No consumption or possession of alcohol or illegal drugs,
7. An ignition interlock device for one year,
8. Minimum 24 hours of Community service,
9. Payment of Court Costs, and
10. Payment of probation costs.
2. Victim Impact Panel,
3. Screening for Alcohol and Drug Abuse,
4. Alcohol or Drug Abuse Counseling and Treatment if recommended by probation.
5. Random drug and alcohol testing if deemed necessary by probation,
6. No consumption or possession of alcohol or illegal drugs,
7. An ignition interlock device for one year,
8. Minimum 24 hours of Community service,
9. Payment of Court Costs, and
10. Payment of probation costs.
These are not negotiable. This means that the judge will not and cannot consider in sentencing your absence of a criminal history, your employment, your need to drive your vehicle without an ignition interlock, your family situation, your model citizenship in every other aspect of your life, or any other conditions. These conditions are mandatory minimums.
Mandatory minimum means also that the judge can impose greater sentencing. In fact, a first time simple DWI/DUI can face up to 90 days in jail. However, as it stands, most courts throughout New Mexico routinely sentence first time simple DWI/DUI offenders to First Offender Program. The First Offender Program carries the mandatory minimums with no jail time. There are occasions when the judge’s will deviate upward from the minimums short of jail time. These deviations might include greater community service burdens, more frequent contacts with probation, increased levels of counseling, and other conditions that the judge feels are necessary and appropriate for the particular case.
Though a simple first DWI/DUI carries no mandatory jail time, an aggravated first DWI/DUI carries a mandatory minimum of 48 hours jail time. Depending on the severity of the DWI/DUI breath scores, there are judges that will order additional jail time beyond the minimum 48 hours.
Finally, violation of any of these conditions or other conditions set by the court as a condition of probation may result in a bench warrant and possible jail time up to the full 90 days.
