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Getting arrested for a first-time DUI offense in New Mexico can be overwhelming.
Knowing your rights and the steps to take can help protect your future. Here’s what you need to know from our DWI/DUI lawyer in New Mexico.
1. Your Right to Remain Silent
When you’re arrested for a first-time DUI offense, you have the right to remain silent. You don’t have to answer questions about where you were or what you were doing. Politely state that you are exercising your right to remain silent, and your attorney will handle the rest.
2. Your Right to Legal Representation
One of your most important rights is to legal representation. If you are arrested for a first-time DUI offense, you have the right to an attorney. A skilled DUI lawyer can assess the details of your case, review the evidence, and build a defense tailored to your situation.
3. Implied Consent Law
New Mexico has an implied consent law. By holding a driver’s license, you’ve agreed to chemical testing if suspected of DUI. Refusing a breath or blood test can lead to automatic suspension of your license for at least one year. Even if you believe the test may not be accurate, it’s usually better to comply and challenge it later in court.
4. The Right to a Hearing
If your license is suspended following a first-time DUI offense, you have the right to request a hearing with the New Mexico Motor Vehicle Division (MVD). You must do this within 10 days of your arrest. Missing this deadline means automatic license suspension, so act quickly. Your attorney can help you request the hearing and argue for the reinstatement of your driving privileges.
5. Field Sobriety Tests
You may be asked to perform field sobriety tests (FSTs) during a DUI stop. While you do not have to take these tests, refusing them can give the officer probable cause to arrest you. If you do take them, remember that the tests can be subjective, and they are not always accurate. Your attorney will review the circumstances to see if the tests were conducted fairly.
6. Breathalyzer Tests
After your arrest for a first-time DUI offense, you may be asked to take a breathalyzer test. This test measures your blood alcohol content (BAC). If your BAC is 0.08% or higher, you’ll be facing DUI charges. However, breathalyzer results can be challenged if the machine was not calibrated properly or if the officer didn’t follow protocol.
7. Penalties for First-Time DUI Offenses
While New Mexico’s DUI penalties vary depending on the circumstances, a first-time DUI offense can still lead to serious consequences, including:
- License suspension for up to one year.
- Fines up to $500.
- Mandatory alcohol education programs.
- Possible jail time (up to 90 days).
These penalties can have a significant impact on your life, but a skilled DUI attorney can work to reduce them or even get the charges dropped.
8. Challenging the Evidence
If you’re arrested for a first-time DUI offense, there may be issues with the evidence. Your attorney will review the case to see if the traffic stop was legal, if the breathalyzer test was accurate, or if the officer followed proper procedures during the arrest. There are many ways to challenge DUI evidence, and your lawyer will fight to protect your rights.
9. Probation Instead of Jail Time
For a first-time DUI offense, you may be eligible for probation instead of jail time, especially if your BAC was slightly over the legal limit. Probation can include mandatory alcohol treatment programs, random drug testing, and community service. Your attorney can advocate for you to receive probation if it’s an option.
10. Expunging Your DUI Record
A first-time DUI offense may be eligible for expungement in New Mexico after a certain period, especially if you complete all required programs and stay out of trouble. Expunging your record can give you a clean slate, improving your chances for future employment and avoiding the stigma of a DUI conviction. Speak with your attorney about whether you may qualify for expungement.
11. Working with an Experienced DUI Attorney
Facing a first-time DUI offense can be stressful, but you don’t have to go through it alone. With the right legal representation, you can protect your rights and minimize the consequences. At Amador Law Firm, we specialize in DUI defense and can help you navigate the legal system, challenge the evidence, and work toward a positive outcome.
If you’ve been arrested for a first-time DUI offenses in New Mexico, don’t hesitate to contact Amador Law Firm. Our experienced DUI attorneys will work to protect your rights and ensure the best possible outcome for your case. Reach out today for a free consultation.