New Mexico DWI Laws
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 |
|
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 |
|
| 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 |
|
| 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 |
|
| 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