Legal Question in DUI Law in New Mexico

i have got my 2nd dui in the state of N.M. but had a previous in N,D. will i have 3 counted against me in the state of NM?

Asked on 12/15/10, 6:52 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If the prosecution goes to the trouble of verifying (1) your ND conviction, and (2) that you were represented by counsel in that case, then yes, it will count against you and bump you up to a dwi 3. If your ND conviction is not validated as described, then it cannot be used against you and you will stay charged with a dwi 2. 3 dwi's constitutes a drinking problem. It is wise to consider joining AA or a similar group before going to court, as that will help a bit. Also, after 3 dwi convictions, the system gets really nasty. You lose your car, and you could do prison time. Consider quitting drinking or at least get a designated driver who stays sober.

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Answered on 12/21/10, 10:39 am

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