New Mexico DWI DUI Laws

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The maximum prescribed legal BAC limit in New Mexico is 0.08% per se
(effective from Jan 1st 1994)

(If you’ve been charged with New Mexico DWI, the law allows only 10 days for your New Mexico DWI Lawyer to make a request with the New Mexico MVD (Motor Vehicle Division) for a hearing to save your driving license)

New Mexico DWI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of New Mexico it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in New Mexico and implied consent laws are enforced.

New Mexico BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DWI - Drunk Driving in New Mexico

New Mexico is a state with a ten-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DWI, that driver will be considered a first-time offender. If a driver commits a DWI within ten years of the first DWI, they are considered guilty of a second offense and are subjected to harsher punishments.

First DWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DWI - drunk driving conviction in New Mexico:

• $250 to $400 fine
• up to 30 days in jail
• 6 months to 1 year drivers license suspension
• Mandatory: DWI school, alcohol evaluation, ignition interlock for 1 year, community service

Second DWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DWI - drunk driving conviction in New Mexico:

• $500 to $1,000 fine
• up to 1 year in jail (96 hours mandatory)
• 2 years drivers license suspension
• Mandatory: alcohol evaluation, community service, ignition interlock for 2 years, community service, treatment
• up to 5 years probation

Third DWI - Drunk Driving Conviction - Misdemeanor

The penalty for a third DWI - drunk driving conviction in New Mexico:

• $750 to $1,000 fine
• 30 days to 1 year in jail
• 3 years drivers license suspension
• Mandatory: alcohol evaluation, community service, ignition interlock for 3 years, community service, treatment
• up to 5 years probation

Fourth DWI - Drunk Driving Conviction - Felony

The penalty for a fourth DWI - drunk driving conviction in New Mexico:

• up to $5,000 fine
• 6 to 18 months in jail
• lifetime drivers license revocation (reviewed after 5 years)
• Mandatory: alcohol evaluation, lifetime ignition interlock (reviewed after 5 years)

Fifth DWI - Drunk Driving Conviction - Felony

The penalty for a fifth DWI - drunk driving conviction in New Mexico:

• up to $5,000 fine
• 1 to 2 years in jail
• lifetime drivers license revocation (reviewed after 5 years)
• Mandatory: alcohol evaluation, lifetime ignition interlock (reviewed after 5 years)

Sixth DWI - Drunk Driving Conviction - Felony

The penalty for a sixth DWI - drunk driving conviction in New Mexico:

• up to $5,000 fine
• 18 to 30 months in jail
• lifetime drivers license revocation (reviewed after 5 years)
• Mandatory: alcohol evaluation, treatment, lifetime ignition interlock (reviewed after 5 years)

SEventh (and subsequent) DWI - Drunk Driving Conviction - Felony

The penalty for a sixth DWI - drunk driving conviction in New Mexico:

• up to $5,000 fine
• 2 to 3 years in jail
• lifetime drivers license revocation (reviewed after 5 years)
• Mandatory: alcohol evaluation, treatment, lifetime ignition interlock (reviewed after 5 years)

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Implied consent LAWS

It is a crime to refuse to submit to a chemical test in New Mexico and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in New Mexico

In New Mexico, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

In addition to the charges for DWI:

If you refuse to submit to a chemical test you will be charged with aggravated DWI and your drivers license will be suspended for a period of 1 year in addition to any other suspensions/revocations.

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New Mexico SR22 insurance (High Risk DUI DWI SR22 Insurance)

New Mexico auto insurance quotes ZIP Code

Although SR22 insurance is not required in the state of New Mexico after an alcohol related driving conviction, it will save you money to shop around for auto insurance after a DWI DUI - drunk driving conviction regardless. Auto insurance can be very expensive if you go with the wrong provider. Get a FREE auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for New Mexico auto insurance in a matter of minutes. Although SR22 insurance is not required in the state of New Mexico after an alcohol related driving offense, if you have an SR22 insurance requirement and you move to the state of New Mexico, you will still need to meet the SR22 insurance requirements in the state where the offense was committed.

Minimum liability insurance requirements for private passenger vehicles in the state of New Mexico

The minimum mandatory liability insurance coverage required in the state of New Mexico for private passenger vehicles is (20/50/10). This equates to the following liability coverage:

• $20,000 bodily injury liability (BIL) per person
• $50,000 for two or more people in one accident
• $10,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local New Mexico Lawyer

OR

Protect your rights! Talk to a local DUI lawyer New Mexico DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your New Mexico drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local New Mexico Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in New Mexico? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in New Mexico? • Does New Mexico have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with New Mexico laws and procedures ? • When and how can you get your driver’s license reinstated in New Mexico? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local New Mexico criminal defense attorney specialising in New Mexico drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the New Mexico drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local New Mexico DUI lawyer is recommended in all cases.

Useful New Mexico DWI Links:

DWI - Drunk Driving Laws in New Mexico

New Mexico Drivers Manual

New Mexico SR22 Insurance Requirement

New Mexico MVD (Motor Vehicle Division)

New Mexico Department of Transport

New Mexico Department of Insurance

New Mexico Courts (Judicial Branch)

New Mexico DWI - DUI Lawyers

New Mexico DWI - DUI discussion forum

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