Receiving a DUI charge can be a life-changing event, impacting many aspects, such as your employability, ability to drive, and even finances. So, it’s only normal that one of the big questions for anyone facing this offense is how long it will stay on your record. Unfortunately, this can depend on several aspects, including your location and criminal record.
Here’s what you need to know about DUIs in New Mexico, how they impact your record, and what options there are for moving forward.
What is a DUI in New Mexico?
DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) are charges that result from operating a vehicle while impaired by alcohol or drugs. In New Mexico, state laws dictate that it is illegal to operate a motor vehicle while your breath or blood alcohol content (BAC) is 0.08% or more. The law also applies if you are driving while impaired by alcohol or drugs, regardless of your blood alcohol level, or BAC.
Key facts you should know if you or a loved one has been charged with a DUI are:
- The penalties for a DUI can include fines, license suspension, jail time, probation, and mandatory alcohol education programs, and may increase with each repeated offense.
- A DWI conviction may result in a driver’s license suspension for a period of time that can range from 90 days to one year or more.
- The Ignition Interlock law in New Mexico states that all drivers convicted of a drunk-driving offense must use vehicles with ignition interlock devices. This penalty can vary in time from 1 year for a first offense to a life-long restriction after a fourth (or more) conviction.
How Is a DUI Recorded in New Mexico?
DUIs are recorded by the criminal justice court, as well as by the Department of Motor Vehicles (MVD). So, when you get a DUI, this charge will create two types of records:
- Criminal Record: This charge becomes part of your criminal history. It can follow you for life unless it becomes expunged or sealed by a court order (specific conditions and requirements apply).
- Driving Record: This record is managed by the New Mexico MVD. It tracks points, suspensions, and previous offenses and can be used by law enforcement, insurance, and courts to identify your driving record and quality.
How Long Does a DUI Stay on Your Criminal Record in New Mexico?
In most cases, a DUI in New Mexico stays on the criminal record for life. This record may affect background checks by employers, professional licensing agencies, or courts many years after the offense. This information is also shared across different states’ Departments of Motor Vehicles.
The length of time during which your DUI remains on the DMV record and the penalties that may apply to you depend on whether it’s a first or repeated offense. For multiple or repeated offenses, New Mexico uses a five-year “look-back” period. This means that if you are arrested for DUI again within five years of a prior conviction, the new charge will be treated as a second offense, leading to increased penalties.
The only way to remove a DUI from your criminal record is through the expungement process, which is rare and only available under specific conditions, such as when charges were dismissed or you were found not guilty.
Here is what you need to keep in mind:
First DUI Offense
A first-time DUI is considered a misdemeanor in New Mexico. However, the consequences can be serious. For a first DUI you can expect the following:
- It will be permanently on your criminal record.
- It results in a “prior” on your record for at least five years. This is important during the sentencing process for additional convictions. Put simply, if you’re charged with another DUI in that window, you may face higher penalties.
- The offense remains visible to the MVD for at least 55 years.
- Penalties may include fines, community service, potential jail time, and MVD penalties.
Second DUI Offense
A second DUI in New Mexico is still considered a misdemeanor, but it brings more significant penalties:
- The new DUI adds to the previous record, increasing the severity of the penalty.
- Both offenses remain on your criminal record for life and on driving records for at least 55 years.
- The sentencing process will take into consideration any prior DUI within the past five years.
- It requires mandatory jail time, higher fines, and longer license suspension.
- The “look-back” period means the court examines your record for other DUIs in the last five years to determine your sentence.
Third and Subsequent DUI Offenses
A third DUI is also a misdemeanor but brings mandatory jail and potential consequences for the future:
- Each additional DUI increases penalties, including longer mandatory jail time and larger fines.
- After the third offense, you may be labeled a habitual offender and face felony-level consequences.
- All offenses stay on your criminal record permanently. They are categorized as “priors”, meaning that they will lead to enhanced sentencing for life.
A criminal record with repeated offenses will severely impact your job, housing, and ability to apply for a new driving license.
Expungement Options in New Mexico
New Mexico law does allow for limited expungement or sealing of certain criminal records. It may be considered in the case of juvenile offenses, dismissed charges, acquittals, or cases where you were found not guilty.
However, it can be difficult to get a DUI off your record, and you should always consult with a legal professional to explore your specific eligibility and steps required.
Need Help with a Recent DUI Charge?
A DUI in New Mexico can follow you for years – sometimes, even for a lifetime! Over time, these charges can affect the penalties you receive, your ability to drive, your current and future job opportunities, and even your finances. The expungement process may be an option for some, but it is important not to underestimate how strict the system could be. In turn, the first step to reduce your penalty and even fight for expungement is to seek legal guidance early and consider all options for your particular case. This way, you can make informed choices for your future.If you or a loved one are affected by a DUI, get in touch with our team of lawyers to understand your rights and options.