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Getting arrested for a DWI/DUI in New Mexico is serious. For that, knowing what steps to take after a DWI arrest in New Mexico is crucial.
Consider that this alone can significantly impact the outcome of your case. Here’s what you should do to protect your rights and give yourself the best chance of a favorable result.
1. Stay Calm and Comply with the Officer
When pulled over, stay calm. Speak clearly and follow the officer’s instructions. Avoid arguing or being confrontational. While you need to provide basic information like your name and license, you don’t have to answer questions about where you were or what you were doing. Stay polite and cooperative, but know your rights.
2. Understand the Implied Consent Law
In New Mexico, by getting a driver’s license, you agree to the state’s “implied consent” law. This means you must submit to chemical testing (like breath or blood tests) if an officer suspects you’re driving under the influence. Refusing the test could lead to an automatic license suspension and may weaken your case in court.
If you believe the test was unfair, you’ll have the chance to challenge it in court, but refusing could cause more harm than good. It’s better to comply and let your DWI attorney handle any disputes.
3. Contact a DWI/DUI Defense Attorney
After your arrest, the most important thing you can do is contact a defense attorney. Don’t wait. The sooner you have legal representation, the better prepared you’ll be to handle the case. Our lawyers will review the evidence, help you understand your options, and guide you through the legal process.
At Amador Law Firm, we specialize in DWI/DUI defense in New Mexico. We know how to challenge breathalyzer results, field sobriety tests, and ensure your rights are protected at every step. The earlier we start working on your defense, the stronger your case can be.
4. Request an MVD Hearing Immediately
In New Mexico, your license could be suspended by the Motor Vehicle Division (MVD) after a DWI/DUI arrest. This happens independently of the criminal court process. You have only 10 days from the date of your arrest to request a hearing with the MVD to challenge the suspension. Missing this deadline means automatic suspension, so act fast.
Your attorney can handle this for you. The hearing allows your lawyer to review the arrest details and build a case to keep your license. Don’t let this step slip by—time is crucial.
5. Document Everything
Write down everything you remember about the arrest as soon as possible. Include details like where you were pulled over, what the officer said, how they conducted the field sobriety tests, and how you felt during the process. Any small detail could be important for your defense.
If you have any evidence, like receipts showing you weren’t drinking, or if there were witnesses, share that with your attorney. The more information you have, the better prepared your defense will be.
6. Attend All Court Hearings
After your arrest, you’ll receive a notice for your court date. Don’t miss it. Failing to appear can result in additional charges or penalties. Make sure you understand the dates and are present for every hearing. If you have an attorney, they can appear on your behalf in certain cases, but communication with your lawyer is key.
7. Explore Your Defense Options
Every DWI/DUI case is different, and several defense strategies may apply to your situation. These could include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or blood test, or proving that the officer didn’t follow proper procedures.
Our defense attorney will explore all options and advise you on the best strategy based on the facts of your case. At Amador Law Firm, we take a thorough approach to every case, leaving no stone unturned.
8. Take Your Case Seriously
A DWI/DUI conviction in New Mexico comes with severe consequences, including hefty fines, license suspension, possible jail time, and a permanent mark on your record. Repeat offenses result in even harsher penalties. You must take every step of this process seriously to minimize the damage. This includes attending court-ordered classes or substance abuse programs if required.
9. Plan for the Long-Term
The impact of a DWI/DUI doesn’t end after the court ruling. A conviction can affect your ability to get jobs, insurance, and even housing. That’s why it’s important to fight the charges from the beginning. The right attorney can help reduce or even eliminate these long-term consequences. In some cases, we can work to expunge the charge from your record after a period of time.
10. Follow Your Lawyer’s Advice
Throughout the entire process, listen to your attorney’s advice. We are here to protect you and guide you through this difficult time. Your defense lawyer knows the law, the local court system, and what it takes to get the best possible outcome for your case.
At Amador Law Firm, we’ve handled countless DWI/DUI cases across New Mexico. We know what’s at stake and are dedicated to providing you with the best defense possible. Now that you know the steps to take after a DWI arrest in New Mexico, contact us for a free consultation.