DWI Offense
A momentary lapse in judgement can alter the course of your life forever. Many people convicted of DWI in Albuquerque don’t have malicious intent when getting behind the wheel. They may underestimate their level or inebriation or are in the midst of an alcohol addiction that clouds their judgment.
Regardless of the reason, you will face stiff penalties if convicted of DWI. I’m Angela Arellanes of Angela Arellanes Law. I use my extensive knowledge of the criminal justice system to defend clients facing very serious charges. I provide legal support to clients when they need it most, so you can rest assured your rights will be preserved and your best interests will be at the forefront of all criminal proceedings.
Elements of DWI Charges
The prosecution is responsible for gaining a conviction during your DWI case. To do so, they must satisfy two essential elements. First, the prosecution must show that you were under the influence at the time of your arrest. This can occur in one of two ways. It may be shown that your blood alcohol content (BAC) breached the legal limit of .08% (unless you’re under 21, in which case the legal limit is .02%) through chemical testing. The prosecution can also prove that you were impaired at the time, which involves field sobriety testing.
The second element of a DWI charge is proving that you were “driving” a vehicle at the time of your arrest. In some states, including New Mexico, that doesn’t mean you must be in the act of driving the vehicle when arrested. It simply means that you are in “actual physical control” of a vehicle while intoxicated. For example, sleeping in your vehicle with the keys in the ignition constitutes actual physical control, as you could have started the vehicle and drove off at any time.
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Penalties for DWI Convictions
Even first DWI offenses carry harsh penalties, including fines and jail time. You will also be subject to license suspension, as well as the installation of an ignition interlock device in order to drive. All costs for the installation and maintenance of the ignition interlock device will be your responsibility, adding on to your financial obligations. Other penalties include probation, community service, drug and alcohol screening, and mandatory treatment.
A Solid Criminal Defense Is a Must
With so much on the line, you can’t go without skilled criminal defense when facing serious DWI charges. My firm has experience with all levels of charges, including misdemeanors and felonies, and I pledge to treat your case with the utmost respect and dignity.