Q: If the driver takes a plea bargain in court to DWI 1st offense but has two prior DWI convictions
Will the driver have to keep the Interlock for 1 or 3 years?
A: A good question and one that reminds us that the driver arrested for DUI is facing a big and little shotgun barrel. The big barrel is the court system which could have subjected the driver to 364 days in jail for a DUI 3rd offense. Obviously taking a plea to DUI 1st offense is good for the driver, well better than going to trial, losing, and being sentenced to mandatory jail time.
But as this question points out, there is still the little shotgun barrel which is the New Mexico Motor Vehicle Division (MVD). They are little because they cannot put you in jail, impose a fine, or require so many hours of community service. MVD giveth and taketh away your privilege to drive. As you already know, in New Mexico first DUI offenders have to do one year with an interlock license and the Breath Analysis Ignition Interlock Device (BAIID) in their vehicle, second offender must keep the license and device for two years and third offenders will not receive a full license until three years from the date of installation.
The trouble is, MVD can ignore your plea bargain in court. Even though as far as the judge is concerned this is your first offense, MVD will require that the driver maintain an Interlock license for the full three years because in the MVD computer this is a third DUI offense, not a first.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.