[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"site-shell":3,"site-search-modal-empty-8":171,"page:faq/duis-dwis":173,"public-chat-settings":287},{"source":4,"siteName":5,"tagline":6,"contactEmail":7,"contactPhone":8,"contactPhoneTollFree":9,"address":10,"mapsQuery":17,"ratingValue":18,"ratingSource":19,"primaryCta":20,"secondaryCta":23,"chatCta":26,"announcement":30,"google":32,"navigationPrimary":34,"navigationLegal":149},"defaults","Stephen D Aarons","Santa Fe Criminal Defense Lawyer","info@aarons.law","(505) 984-1100","(888) 984-1120",{"street":11,"city":12,"state":13,"stateFullName":14,"zip":15,"full":16},"2019 Galisteo St. Ste H1","Santa Fe","NM","New Mexico","87505","2019 Galisteo Street, Suite H1, Santa Fe, NM 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This page covers what to expect and how to protect yourself.","Browse FAQ Topics","/faq","compact",{"id":189,"type":190,"displayOrder":131,"payload":191},"disclaimer","rich_text",{"eyebrow":19,"title":192,"paragraphs":193},"Important",[194],"This is general information, not legal advice. If you have an active warrant or an arrest happened recently, call the office as soon as possible.",{"id":196,"type":197,"displayOrder":137,"payload":198},"what-to-do","feature_grid",{"eyebrow":199,"title":19,"description":19,"items":200},"What to do first",[201,205,209,213],{"label":202,"title":203,"description":204},"Do not discuss","Do not discuss the incident","Avoid explaining or justifying what happened to police or anyone else. Statements made early are often used later in court.",{"label":206,"title":207,"description":208},"Request lawyer","Request a lawyer immediately","Ask to speak with an attorney as soon as possible. Do not answer investigatory questions without legal advice.",{"label":210,"title":211,"description":212},"Preserve details","Preserve timeline and details","Write down everything you remember as soon as you can: where you were, what you drank (if anything), times, and officer interactions.",{"label":214,"title":215,"description":216},"Act on license","Act quickly on license issues","DUI arrests trigger strict deadlines for license hearings. Missing them can result in automatic suspension.",{"id":218,"type":218,"displayOrder":143,"payload":219},"faq",{"eyebrow":220,"title":19,"description":19,"items":221},"Common questions",[222,225,228,231,234,237,240,243,246,249,252,255,258,261,264,267,270,273,276],{"question":223,"answer":224},"What is the difference between DUI and DWI in New Mexico?","In New Mexico, DUI (Driving Under the Influence) is the primary legal term used for impaired driving involving alcohol, drugs, or a combination of substances. The term DWI is often used interchangeably in conversation, but both refer to impaired driving offenses under state law. Penalties are determined by the level of impairment, prior convictions, and aggravating factors.",{"question":226,"answer":227},"What happens after a first DUI or DWI conviction?","Second DUI convictions carry substantially harsher penalties. In addition to first-offense requirements, consequences may include: additional community service; extended probation; longer ignition interlock requirements; increased fines; mandatory jail time, potentially up to nearly one year. Repeat DUI offenses are treated very seriously under New Mexico law.",{"question":229,"answer":230},"What is considered an aggravated DUI?","A DUI may be charged as aggravated if: the DUI involves an accident; your blood alcohol concentration is significantly above the legal limit; you refuse a breath or blood test. Aggravated DUI charges trigger mandatory jail time even for first-time offenders and increase all other penalties.",{"question":232,"answer":233},"What happens if I am stopped for suspected DUI?","If an officer suspects impaired driving, you will be asked for your license, registration, and proof of insurance. The officer may ask questions and observe your behavior for signs of impairment. If suspicion continues, you may be asked to exit the vehicle and perform field sobriety tests. What you say and do during the stop can later be used as evidence.",{"question":235,"answer":236},"Do I have to take field sobriety tests?","No. Field sobriety tests are voluntary in New Mexico. These tests can be difficult even for sober individuals due to stress, physical conditions, or environmental factors. You may politely refuse field sobriety tests, but this does not apply to chemical breath or blood testing.",{"question":238,"answer":239},"Can I refuse a breath or blood test?","You can refuse a breath or blood test, but refusal carries serious consequences. A refusal typically results in an automatic driver's license revocation through the Motor Vehicle Division, even if you are not convicted criminally. In some cases, law enforcement may also seek a warrant for a blood draw.",{"question":241,"answer":242},"Will I lose my driver's license after a DUI arrest?","Possibly. A DUI arrest triggers an administrative license case with the New Mexico Motor Vehicle Division that is separate from the criminal court case. License suspension or revocation may occur even if criminal charges are reduced or dismissed. Some drivers may qualify for an ignition interlock license.",{"question":244,"answer":245},"What is the difference between the criminal DUI case and the MVD case?","A DUI arrest creates two separate proceedings: an administrative license revocation case through the MVD, and a criminal court case. These cases are independent. You can win one and lose the other, and license revocation can occur without a criminal conviction.",{"question":247,"answer":248},"What happens at the MVD administrative hearing?","The MVD hearing determines whether your driver's license will be revoked. You must request this hearing within 10 days of your arrest. The hearing focuses on procedural and legal issues related to the stop, arrest, and chemical testing.",{"question":250,"answer":251},"When does the MVD hearing take place?","MVD hearings must generally occur within 90 days of arrest and are often scheduled near the end of that timeframe. Certain procedural issues, including witness availability or notice defects, may affect the outcome.",{"question":253,"answer":254},"What happens in the criminal DUI case?","The criminal case determines guilt and potential penalties such as jail time, fines, probation, and additional license consequences. Penalties increase with prior convictions and aggravated factors. DUI charges may involve alcohol, prescription medication, illegal drugs, or a combination.",{"question":256,"answer":257},"What penalties can result from a DUI conviction?","DUI penalties vary based on prior offenses and aggravating factors, but may include: ignition interlock requirements; driver's license revocation or restriction; mandatory treatment programs; probation; fines and court costs; jail time. Each additional conviction significantly increases exposure to incarceration and long-term consequences.",{"question":259,"answer":260},"What are the possible outcomes of the MVD hearing?","Possible outcomes include license revocation, dismissal of the revocation, or restricted driving privileges. Refusal cases often result in longer revocation periods with no eligibility for hardship licenses. Test-based revocations depend on age, prior history, and alcohol concentration.",{"question":262,"answer":263},"Can I still drive after a DUI arrest?","If you timely request an MVD hearing and your license was valid at the time of arrest, you may typically continue driving until a decision is issued. If your license is revoked, you may be eligible for an ignition interlock license once requirements are met.",{"question":265,"answer":266},"What happens at a DUI checkpoint?","At a DUI checkpoint, officers may briefly stop vehicles to check for impairment. You must provide identification, registration, and proof of insurance. You are not required to answer investigative questions beyond basic identification.",{"question":268,"answer":269},"Can a DUI charge be dismissed?","Yes, in some cases. DUI charges may be dismissed due to unlawful stops, improper testing procedures, or constitutional violations. Early review by a DUI defense attorney is critical.",{"question":271,"answer":272},"Do I need a lawyer for a first DUI?","Strongly recommended. Even a first DUI can impact your criminal record, driver's license, insurance costs, and employment. A New Mexico DUI attorney can evaluate the legality of the stop, the quality of testing evidence, and options for protecting driving privileges through the MVD process.",{"question":274,"answer":275},"Does a DUI stay on my record forever?","A DUI conviction remains on your criminal record. In some cases, record sealing or expungement may be available later depending on the outcome and timing of the case.",{"question":277,"answer":278},"What is ignition interlock?","An ignition interlock device requires a breath sample before your vehicle will start. It is commonly required after DUI convictions and may also be used to obtain limited driving privileges following a license revocation.",{"id":280,"type":281,"displayOrder":147,"payload":282},"cta","cta_band",{"eyebrow":283,"title":284,"description":19,"primaryCtaLabel":285,"primaryCtaUrl":22,"secondaryCtaLabel":286,"secondaryCtaUrl":186},"Need help?","Call our office to discuss your situation.","Call (505) 984-1100","Back to FAQ",{"enabled":31,"followUpEnabled":288,"title":289,"assistantName":289,"eyebrow":27,"description":290,"welcomeHeadline":291,"welcomeBody":292,"inputPlaceholder":293,"statusLabel":294,"suggestedPrompts":295,"form":299,"review":310},true,"Aarons Law Chat","Calm first-step guidance for urgent criminal defense questions.","Tell me what is happening.","Keep it general at first. If the situation is urgent, recent, or someone is in custody, call (505) 984-1100.","Tell us what happened in broad terms. Avoid confidential details for now.","Available 24/7",[296,297,298],"Someone was arrested last night. What should we do first?","Can you explain what happens after a DWI arrest in New Mexico?","I need the office to review this chat and follow up directly.",{"enabled":288,"triggers":300,"headline":306,"description":307,"submitLabel":308,"successMessage":309},[301,302,303,304,305],"contact me","call me","follow up","consultation","talk to a lawyer","Request office follow-up","Share a few details and the office can review the chat and follow up directly.","Send Follow-Up Request","Your follow-up request has been sent to the office.",{"enabled":288,"triggers":311,"threshold":143,"geoPreference":288,"clickTracking":288,"askHeadline":320,"askDescription":321,"positiveHeadline":322,"positiveDescription":323,"negativeHeadline":324,"negativeDescription":325,"reviewSites":326},[312,313,314,315,316,317,318,319],"leave a review","write a review","review","feedback","testimonial","google review","yelp","avvo","How would you rate your experience?","Choose a rating so we can route you to the right next step.","Thank you for the kind words!","Would you mind sharing your experience on one of the review platforms below?","We are sorry to hear that.","Tell us what happened and the office can review it directly.",[]]