What is an Aggravated DWI in New Mexico?
Understanding Aggravated DUI and Getting Support in New Mexico
You were caught driving under the influence of drugs or alcohol, and now you are facing charges and some serious consequences. Understanding those charges is essential to building a case that can cast reasonable doubt and minimize your sentencing.
But what is an aggravated DWI in New Mexico?
An aggravated DUI or DWI charge comes when your blood alcohol concentration exceeds 0.16 percent or causes bodily injury to another person. Subsequent convictions can result in second-degree felony charges or greater penalties.
Potential consequences include DWI school, ignition interlock devices, license revocation, and mandatory jail time.
If you’re facing an aggravated DWI charge, then you need to seek help from experienced professionals for your substance use issue. Icarus Behavioral Health in New Mexico offers robust services at every level. Keep reading to learn more about these charges and the potential ramifications.
Driving Under the Influence and Its Consequences
It’s no secret that driving under the influence comes with steep penalties for the risk you take when you get behind the wheel intoxicated. New Mexico law stipulates that you might not be charged with just a straightforward DUI if your blood alcohol concentration exceeds certain levels.
Instead, you could be looking at an aggravated DWI charge.
An aggravated DUI or a DWI comes when your BAC hits or exceeds 0.16 percent, which is well above the legal limit. While you operate your car, an aggravated charge occurs if you cause bodily injury to someone else. It could be a painful temporary condition or permanent disfigurement.
Of course, you may also face this charge if you refuse to submit to any testing that could demonstrate higher BAC levels.
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Types of Aggravated DUI for Bodily Injury
While aggravated DUI is a third-degree felony, it comes in several different forms depending on the circumstances surrounding your conviction. In New Mexico, there are three charges you could face in a court of law.
- Excessive Consumption: If you operate a motor vehicle at 0.16 percent BAC within three hours, you will be charged with this type of DUI or DWI.
- Third-Party Personal Injury: Causing bodily injury to someone else while operating a motor vehicle with a BAC of 0.08 percent or higher results in this type of charge.
- Implied Consent Act Violation: When an officer pulls you over and has suspicions that you are under the influence of drugs or alcohol, they will ask you to submit to a chemical test. Refusal can result in this charge.
Implied Consent Act and the Consequences of a First Conviction
Before we dive into the consequences of a first conviction, it’s important to understand what the Implied Consent Act in New Mexico does. This crucial legislation grants officers on the scene the right to submit someone suspected of driving under the influence to a breath or blood test.
If you refuse the test, they can assume that you are guilty, and you could be charged with DUI of some kind. Building a DUI defense will be difficult if you refuse this testing.
If this is your first conviction, penalties aren’t as steep as they will be for a subsequent conviction. You’ll face some of these consequences:
- 48 hours or a maximum sentence of 90 days in jail
- Up to $500 in fines
- Revocation of driving privileges
- Ignition interlock device installed in your car for one year
- DWI school
- Screenings for alcohol and drugs as well as treatment
- 24 hours of community service
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Consequences of a Subsequent Conviction
While it might seem like the penalties for your first offense are quite steep, they are mild compared to what you’ll face with subsequent convictions. With each instance of aggravated DUI or drugged driving, you’ll face an increase in the basic outline of your first conviction.
That means longer jail time, higher fines, longer periods with the ignition interlock device, and more community service. You may also be required to complete more intensive substance abuse counseling.
If you reach a fourth or subsequent conviction, you could be looking at a fourth-degree felony. This serious charge could impact your life for decades to come. Consequences include:
- Six to eighteen months of mandatory jail time
- Up to $5,000 in fines
- Mandatory substance abuse counseling
- Ignition interlock device for life
- Probation and parole monitoring
To earn your license back, you may have to submit to the motor vehicle division reinstatement policies.
It’s also worth noting that an aggravated DWI charge will remain on your record for a minimum of 55 years with no hope of expungement. This will show on background checks for new employers and landlords, which can hinder your ability to find gainful employment or housing.
The Option to Receive Treatment for Substance Abuse
The consequences of aggravated DWI or DUI are steep. You could face the inconvenience of an ignition interlock, license revocation, and more. Added to your mandatory minimum sentence, you may have the option to lessen the consequences by enrolling in substance abuse treatment (or you could be court-ordered to attend).
Icarus Behavioral Health in New Mexico provides the help you need after a DWI conviction.
We start with the basics of a sub-acute medical detox (or dedicated medical detox at our local partner facilities). This gives you access to around-the-clock care with a team of medical professionals as drugs and alcohol are leaving your system. Our team can make you more comfortable and set you up for success in a long-term rehabilitation program.
From here, you can enroll in our residential treatment program. We will make counseling and therapeutic services available to you 24/7 until you are ready to brave a return to your life with outpatient treatment.
Managing DWI Penalties with a Lawyer
If you’re facing an aggravated DUI charge, you’ll want legal help for your day in court. The right criminal attorney may be able to cast reasonable doubt on the situation, which might result in lesser penalties and fewer hours of community service.
However, the fact that the charge is brought against you should be a serious wake-up call for substance abuse. You could have caused permanent and lasting damage to another human being. This is about more than just an alcohol screening; it’s about getting you healthy before a third or fourth conviction.
Get help for your day in court but know that you can get the help you need regardless of the outcome in front of the judge. Icarus Behavioral Health is here for you when you need us most, whether that means you need a mandatory treatment program or you come on your own free will.
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Get Help for Your Alcohol or Drug Problem Now
Don’t wait until you have a third drunk driving offense on your record or prior convictions to get the help you need to stay sober. As soon as you realize that you need a drug or alcohol screening for treatment, reach out to Icarus Behavioral Health.
We offer services ranging from detox to intensive outpatient care so that you get the help you need at the right time.
Our friendly admissions team can verify your insurance benefits and discuss the programs available in a quick and confidential phone call. Don’t wait another day to start treatment.
Reach out today about enrollment in one of our proven substance abuse treatment programs!
