Remember this segment is meant to help and educate you if you ever have a similar type of question but is not meant to be legal advice. If you have any additional questions or desire more information contact or call us at 505.235.6777. This weeks question covers driving under the influence (DUI) charges, and whether or not they can remain on your permanent driving record.
Every state has their own set of laws for DUI/DWI charges. When you are arrested for DWI in New Mexico, the arrest and the resulting charge could be on your driving record for up to 55 years. Your license can be revoked for life, depending on the number of offenses you have. If it’s your first offense, it could be 6 months – 1 year.
Drivers over the age of 21 can get up to three convictions without being charges a felony, therefore, misdemeanors such as DUI’s have potential to be expunged.
Unfortunately, we need better expungement laws in our state to uphold the ideal “innocent until proven guilty”. Because the current expungement laws are so weak, here in New Mexico, you are assumed to be guilty even after your case is dismissed.
The DUI charge is permanent but if the case gets dismissed then you can never be denied employment or housing opportunities because you are innocent until proven guilty.
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