What are the potential consequences for Felony DWI and what counts as a prior DWI?

Every DWI charge in New Mexico carries serious penalties, but facing a repeat offense puts your freedom directly on the line. As charges escalate from misdemeanors to felonies, mandatory minimums increase, and the state will pursue harsher penalties.

What You Are Facing:

• 3rd DWI (Special Misdemeanor): Up to 365 days in jail, with a mandatory 30 consecutive days behind bars.
• 4th DWI (Felony): Up to 18 months in state prison, with a mandatory minimum of 6 months in Jail, alongside steep fines and restrictions of your voting and firearm rights.

To determine charge severity, prosecutors scrutinize your complete criminal record—including out-of-state offenses. However, not every prior DWI conviction legally counts against you. Technicalities, outdated records, and jurisdictional differences can render past charges inadmissible. At Padilla, Montoya & Associates, we meticulously analyze your entire record to spot these exceptions, challenge the prosecution’s count, and fight to get your charges reduced on the outset.

Your Past History Isn't Always Set in Stone:

To determine charge severity, prosecutors scrutinize your complete criminal record—including out-of-state offenses. However, not every prior DWI conviction legally counts against you. Technicalities, outdated records, and jurisdictional differences can render past charges inadmissible. At Padilla, Montoya & Associates, we meticulously analyze your entire record to spot these exceptions, challenge the prosecution’s count, and fight to get your charges reduced on the outset.

Don't Leave Your Future to Chance

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.