What makes a DWI Aggravated and what are the additional potential consequences?

A driver can be charged with an Aggravated DWI in two circumstances. Firstly, if someone is arrested for a DWI and then refuses to provide a breath sample, under New Mexico law, that aggravates the DWI charge. Secondly, when someone blows into the breathalyzer and provides a breath score at or above a .16, twice the legal limit of .08, that also aggravates the DWI charge. An aggravated DWI carries a sentence ranging from 2-90 days in jail. The two days are mandatory if a sentence is imposed after losing at trial – the Judge has no discretion on the mandatory two day jail sentence.

A non-aggravated DWI (a DWI simple) occurs when, upon arrest, someone agrees to blow into the breathalyzer and provides a score less than .16. A non-aggravated DWI does not have a mandatory minimum sentence, carrying a penalty ranging from 0-90 days jail. This means if someone were to go to trial and be convicted of a Simple DWI, the Judge is not forced to impose the two days jail time they otherwise would have if the charge was aggravated.

If you have any questions about your particular situation or would like to consult with an experienced criminal defense lawyer about the potential for getting your case dismissed, call Padilla, Montoya and Associates today at 505-717-2927.