Updated July 2026
In New Mexico, a fourth DWI is a felony. Unlike the first three offenses, a felony DWI can send you to prison, and each offense above the fourth carries a longer mandatory minimum. This is the most serious kind of DWI case, and it needs a lawyer who actually tries felony cases. Mr. Nieto has defended felonies across New Mexico for over 25 years. Call (505) 247-1973 now.
The 10-day clock. If you were arrested for DWI, you have only 10 days from the date of arrest to ask for an MVD hearing. Miss that deadline and the revocation of your license becomes automatic, no matter what happens in court. See how the MVD hearing works →
If you are facing a felony DWI, the stakes have changed. This is no longer about fines and probation, it is about prison and a felony record that can cost you your rights and your future. But a felony DWI is also a complex case with many moving parts, and complexity means opportunity. The stop, the testing, and even the prior convictions can all be challenged.
When a DWI Becomes a Felony
A DWI becomes a felony on the fourth offense, and the mandatory minimum prison time grows with each one after that:
| Offense | Classification | Mandatory minimum |
|---|---|---|
| Fourth DWI | Fourth-degree felony | At least 6 months in prison |
| Fifth DWI | Fourth-degree felony | At least 1 year in prison |
| Sixth DWI | Third-degree felony | At least 18 months in prison |
| Seventh and beyond | Felony | Even longer mandatory prison terms |
A felony conviction also brings the loss of firearm rights, longer license revocation that can become lifetime, and a permanent felony record.
Is This You?
You have prior DWIs, and now you are looking at a felony and the real possibility of prison. Maybe you have struggled with alcohol for a long time. Maybe you thought you had put this behind you. You are frightened for your freedom and for the people who depend on you, and you may feel like the system has already written you off.
Mr. Nieto will not write you off. He has stood next to people in the hardest cases, felony DWIs included, and fought for every one of them. A felony charge is not a felony conviction.
Talk to Mr. Nieto. The first call is free, and he answers it himself.
Call (505) 247-1973Every Prior Has to Count
A felony DWI charge depends on the number of valid prior convictions. If even one prior does not hold up, because you had no lawyer, did not properly waive your rights, or the conviction was legally defective, the felony can drop back to a misdemeanor. That single change can take prison off the table. Mr. Nieto examines the record of every prior, because in a felony DWI the priors are often the weakest link.
How Mr. Nieto Defends Felony DWI
Mr. Nieto defends a felony DWI on every front. He challenges the traffic stop and the arrest, attacks the field and breath testing, and scrutinizes each prior conviction that makes the case a felony. Where alcohol treatment is the real need, he works to build a resolution around recovery rather than only punishment. And because he tries cases, prosecutors know a felony DWI with Mr. Nieto on it will not be an easy conviction. For related felony exposure, see felony charges.
A felony DWI from Albuquerque starts with a first appearance in Metro Court and then moves to District Court. The Albuquerque DWI lawyer page maps that path.