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.
The penalties are serious and jail time is likely, especially if it’s a repeat offense. New Mexico Statutes 66-8-102 Driving under the influence of intoxicating liquor or drugs; aggravated driving under the influence of intoxicating liquor or drugs; penalties sets forth the penalties in detail.
Get help today from a defense lawyer who can help you with your DUI. The attorneys at McGraw Law, LLC, have garnered a reputation for being skilled at trial. They are passionate and tenacious advocates for their clients. Our offices are conveniently located in downtown Las Cruces, New Mexico. Call McGraw Law, LLC, in Las Cruces at 575-523-4321 for a consultation.
