Aggravated DWI

No matter the circumstances, receiving a DWI charge in Albuquerque should be taken seriously. Even 1st offenses carry significant consequences, including the possibility of jail time and expensive fines. However, being charged with an aggravated DWI carries even harsher penalties, which can have a lasting impact on your life.

What Is an Aggravated DWI?

Three circumstances must apply for a person to be charged with aggravated DWI. Your blood alcohol content (BAC) at the time of arrest is a significant factor, as anyone with a BAC of .16% or greater will receive aggravated charges. The circumstances surrounding the incident also play a role. If you caused bodily harm while driving intoxicated, you will also be subject to an aggravated charge.

Finally, refusing breath testing also leads to aggravated DWI. This is because all drivers in New Mexico are subject to implied consent laws, which state that you consent to breath testing when driving on the state’s roadways. Refusing a breathalyzer also results in a mandatory one-year suspension of your license.

What Happens on the 2nd and Subsequent Aggravated DWI Conviction?

Much like standard DWI convictions, penalties for subsequent aggravated DWI convictions continue to increase. 2nd offenses will receive 2 additional days in jail, while 3rd offenses will receive an additional 60 days in jail. Along with jail time, those convicted will be subject to many other punishments, including fines, community service, probation, license suspension, and more. You’ll also be screened for substance abuse issues and may even be ordered to attend an alcohol and/or drug treatment program.

Are There Other Penalties I Should Be Aware Of?

While not exclusively related to aggravated charges, people caught driving with a suspended license also face increased penalties. Jail terms may be lengthened, by a minimum of seven days or a maximum of one year. Fines will also increase, and the added fine can range from $300 to $1,000. Your license suspension period will be increased by one year, while the vehicle you were caught driving must remain immobile for a period of thirty days.

What Should I Do When Facing an Aggravated DWI Charge?

I’m Angela Arellanes, I’m an Albuquerque attorney with extensive experience in criminal defense. With the help of the rest of my team at Angela Arellanes Law, I assist clients in making sense of the charges against them. From there, I’ll launch an aggressive defense on your behalf using the facts of the case, my legal skill, and my expansive understanding of criminal justice.

When your freedom is at stake, you can’t delay in securing reliable legal guidance. Please call (505) 247-2417 to schedule your consultation. You can also contact my firm to learn more.