DWI Cases To Be Prosecuted Different In DA County

LAS CRUCES, NM – Dona Ana County District Attorney Susana Martinez will appoint Assistant City Attorneys to prosecute DWI cases.

DWI cases are usually prosecuted in Municipal Courts butwill nowbe able to be prosecuted in State District Courts as a result of Martinez’s measure.

County officials tell ABC-7 the measure is being taken to ensure individuals facing DWI charges face tougher sentences.

Currently, sentences for DWI convictions differ if the arrest is made by police of sheriff investigators.A sentence for a first offender in a county court is 90 days in jail. A second conviction holds a potential sentence of 178 days in jail. The same charge faced in county court carries a sentence of 364 days in jail.

Cityattorneys have to be appointed by Martinez because they normally do nothave a license to prosecute in a state district court.

Martinez says the district court will probably see a large portion of the near 300 to 700 DWI cases in Dona Ana County each year.

“This will enable the same tough sentence across the board…I don’t care if you’re arrested in the city, in Sunland Park or way out in the county…it doesn’t matter where you’re at, it will be a tougher conviction,” stated Fermin Rubio, a Las Cruces City Attorney.