New Mexico classifies first-time Driving While Intoxicated (DWI) offenses as petty misdemeanors. When a judge convicts you of DWI for the first time, you are subject to penalties like fines, community service or probation. You may also be subject to alcohol screenings and stricter monitoring of your driving.
Repeat offenders, however, will face harsher penalties on subsequent convictions. New Mexico’s driving while intoxicated conviction penalties escalate dramatically on each succeeding offense. DWIs generally become felonies after the 4th conviction, but if your DWI incident involves grave bodily harm or death, it can immediately result in felony charges.
Losing your vehicle
In New Mexico, vehicle forfeiture laws and ordinances vary by county or municipality. For example, in Albuquerque, authorities may seize your vehicle if you are on your second or subsequent DWI instance or if they catch you driving with a revoked license from a previous drunken driving conviction.
Vehicle forfeiture is a deterrent and penalty of DWI offenses. You are more likely to lose your rights to your car with repeat convictions. Should law enforcement seize your vehicle, you have a very short window of 5 working days (which may vary slightly due to local ordinances) to request a hearing and contest the seizure.
Getting stains on your record
Driving while intoxicated convictions on your criminal record is hard, if not impossible, to brush off. In New Mexico, all DWI convictions stay on your driving record for 55 years. On the other hand, convictions stay on your criminal record permanently.
Drunken driving offenses show up during background checks for housing applications, the hiring process and other important processes to verify your identity. Unless a judge dismisses your case or you are not found guilty, you cannot expunge the DWI from your records. Even eligible non-convictions have a one-year waiting period before you can petition the court.
Losing your driver’s license (forever)
In addition to impounding your vehicle, the court may permanently revoke your license if you have repeated DWIs. First time offenders lose their privilege to drive for 6 months (or more if you refuse a chemical test or are under 21), but those on their 4th or subsequent conviction have their license revoked for the rest of their life.
However, after a 5-year mandatory waiting period, you may be able to petition a District Court for an Order of Restoration. Keep in mind that you may need to reach out to a qualified attorney in New Mexico for your best chance in restoring your driving privileges.