Felony DWI/DUI
A 4th or subsequent DWI/DUI is charged as a felony in New Mexico. As a felony, the possible penalties and consequences are extremely serious. As one might expect simply by a review of the local press, the public has very little sympathy for repeat DWI/DUI offenders. Likewise, the New Mexico legislature and the courts are highly intolerant of felony DWI/DUI offenders.
With each successive DWI/DUI, the mandatory minimums go up dramatically. In addition, the possibility of getting the minimum sentences go down as the number of convictions increases. The judges have significant discretion in sentencing between the minimum and maximum sentences. As the number of convictions increases, most New Mexico judges are inclined to move closer to the maximum penalties.
A charge of 4th, 5th or 6th DWI/DUI is a 4th degree felony. Anything beyond a 6th offense is charged as a 3rd degree felony. For a 4th DWI/DUI conviction, the minimum jail sentenced is 6 months and the maximum is 18 months. For a 5th, the minimum is 1 year and the maximum is 2 years. For a 6th, the minimum is 18 months and the maximum is 30 months. For a 7th and subsequent, there is a mandatory 2 year prison sentence with a maximum of 3 years.
In addition, the defendant's driver’s license is permanently revoked upon a 4th or subsequent DWI/DUI conviction. This means that the person will be required to have an ignition interlock device for the remainder of his or her life. The person may petition the district court every five years for the removal of the interlock. The decision to allow the removal of the interlock device is discretionary with the judge. There are many considerations that would go into the judge’s decision the most important of which is the defendant’s number of prior convictions. The judge will also be quite intolerant of aggravated DWI/DUI in these cases.
Finally, as with all DWI/DUI arrests, felony DWI/DUI carries mandatory MVD driver’s license revocation. As with all MVD license revocations, the revocation is independent of the outcome of the criminal charges. For a 4th or subsequent DWI/DUI, your license is automatically revoked for one year.
With each successive DWI/DUI, the mandatory minimums go up dramatically. In addition, the possibility of getting the minimum sentences go down as the number of convictions increases. The judges have significant discretion in sentencing between the minimum and maximum sentences. As the number of convictions increases, most New Mexico judges are inclined to move closer to the maximum penalties.
A charge of 4th, 5th or 6th DWI/DUI is a 4th degree felony. Anything beyond a 6th offense is charged as a 3rd degree felony. For a 4th DWI/DUI conviction, the minimum jail sentenced is 6 months and the maximum is 18 months. For a 5th, the minimum is 1 year and the maximum is 2 years. For a 6th, the minimum is 18 months and the maximum is 30 months. For a 7th and subsequent, there is a mandatory 2 year prison sentence with a maximum of 3 years.
In addition, the defendant's driver’s license is permanently revoked upon a 4th or subsequent DWI/DUI conviction. This means that the person will be required to have an ignition interlock device for the remainder of his or her life. The person may petition the district court every five years for the removal of the interlock. The decision to allow the removal of the interlock device is discretionary with the judge. There are many considerations that would go into the judge’s decision the most important of which is the defendant’s number of prior convictions. The judge will also be quite intolerant of aggravated DWI/DUI in these cases.
Finally, as with all DWI/DUI arrests, felony DWI/DUI carries mandatory MVD driver’s license revocation. As with all MVD license revocations, the revocation is independent of the outcome of the criminal charges. For a 4th or subsequent DWI/DUI, your license is automatically revoked for one year.
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