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New Mexico DWI Laws

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In New Mexico it is unlawful to drive while under the influence (DWI) of drugs or alcohol. Your license is likely to be suspended by the DMV if you submit to a chemical test that shows the unlawful presence of drugs or alcohol. The suspension automatically goes into effect soon after the arrest unless you request a timely hearing with the DMV. You may be eligible for an "ignition interlock license" so that you can continue to drive. If you or someone you know has been arrested for DWI, you may wish to consult a DWI attorney for help.

If you were arrested for DWI, you may also be criminally prosecuted. This is separate and apart from the administrative (DMV) proceeding. Even if you did not submit to the chemical test (which is an offense itself with similar punishments) you can be convicted in a criminal case based on officer testimony and other evidence the prosecution offers to prove impairment. A DWI attorney will be able to determine the best defense strategy for your case. DWI lawyers understand the scientific and medical concepts and know how to challenge witnesses, including scientists and police officers.

Mandatory penalties for a first DWI conviction include drug and alcohol screening and school, community service, license revocation, an ignition interlock device and fines. The court has discretion to include probation, jail time and treatment in your sentence. Penalties increase for repeat offenders and in cases where there are aggravating factors such as a high BAC. To learn more about the complex system of New Mexico DWI laws, contact an attorney.

New Mexico DUI/DWI Laws and Penalties

State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

Blood Alcohol Content/Concentration ("BAC")

New Mexico BAC laws may differ from those of other states, as follows.

New Mexico BAC Laws
Per Se Violation BAC of .08 or higher
"Zero Tolerance" (BAC for someone under 21) .02 or higher
Commercial Driver's License Holder* .04 or higher (while operating a commercial vehicle)
Implied Consent to Submit to a BAC Test
  • Yes, by getting a New Mexico driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC Test will result in 1-year license suspension

Administrative License Suspension

Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.

Time to file for appeal: within approximately 10 days after DUI/DWI citation.

DUI/DWI Arrest
1st Offense 6-month license suspension
Subsequent Offenses 1-year license suspension
"Zero Tolerance" (BAC for Someone Under 21) 1-year license suspension
Temporary License Yes, for 20 days after DUI/DWI citation
Administrative Hearing Yes
Limited Privileges Possible Yes
Refusal to Submit to BAC Test
1st and Subsequent Offenses 1-year license suspension
"Zero Tolerance" (BAC for Someone Under 21) 1-year license suspension

Criminal Court Conviction - Mandatory Fines and Penalties

(Penalties imposed by the criminal court system)

First DUI/DWI Offense
License Suspension 6 months to 1 year (may have conditional license)
Prison Term and Community Service Up to 90 days in jail; community service
Fines, Fees, and Surcharges Approx. $200 to $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory DWI school and alcohol evaluation/treatment
Second DUI/DWI Offense
License Suspension 2 years (may have conditional license)
Prison Term and Community Service 96 hours to 364 days in jail; community service
Fines, Fees, and Surcharges Approx. $500 to $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • 2 years ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory DWI school and alcohol evaluation/treatment
Third DUI/DWI Offense
License Suspension 3 years (may have conditional license)
Prison Term and Community Service 30 to 364 days in jail; community service
Fines, Fees, and Surcharges Approx. $750 to 1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • 3 years ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory DWI school and alcohol evaluation/treatment
Aggravating Factors that Can Alter DUI/DWI Penalties***
Vehicular Manslaughter
Driving with Children in the Car
Higher BAC (above the enhanced penalty)
Zero Tolerance DUI/DWI
Driving While Under the Influence of Drugs
Out-of-State DUI/DWI Convictions
Reckless Driving/Accident

*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.

Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, New Mexico Department of Transportation Safety Bureau

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