AGGRAVATED DUI: EXTREME CIRCUMSTANCES LEAD TO STRICT PENALTIES

by Margaret Strickland

There is something called aggravated DWI in New Mexico. There are three ways to get charged with an aggravated DWI:

  • First, you give a breath or blood sample and your alcohol is 0.16 or above.
  • Second, you decline to give a sample at all.
  • Third, you hurt another person during the DWI. That does not turn it from a misdemeanor to a felony.

The only way to turn it from a misdemeanor to a felony is vehicular homicide or child abuse. In New Mexico, if you drive under the influence of alcohol with a child in the car, that is considered child abuse.

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