New Mexico DWI Laws & Drunk Driving Penalties


Overview of the penalties upon conviction of DWI in New Mexico

New Mexico DWI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DWI in New Mexico, the law allows only 10 days for a New Mexico DWI Lawyer to make a request with the New Mexico DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.

What are the penalties for DWI in New Mexico?

The penalties for driving while intoxicated in New Mexico will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

NM DWI Penalties

New Mexico is a state with a 10 year 'washout period' also known as a 'look back period'

1st DWI Offense / Conviction - Misdemeanor

The penalty upon conviction of a first DWI offense in New Mexico:

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2nd DWI Offense / Conviction - Misdemeanor

The penalty upon conviction of a second DWI offense in New Mexico:

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3rd DWI Offense / Conviction - Misdemeanor

The penalty upon conviction of a third DWI offense in New Mexico:

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4th DWI Offense / Conviction - Felony

The penalty upon conviction of a fourth DWI offense in New Mexico:

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5th DWI Offense / Conviction - Felony

The penalty upon conviction of a fifth DWI offense in New Mexico:

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6th DWI Offense / Conviction - Felony

The penalty upon conviction of a sixth DWI offense in New Mexico:

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7th (& subsequent) DWI Offense / Conviction - Felony

The penalty upon conviction of a seventh (& subsequent) DWI offense in New Mexico:

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Implied Consent (Chemical Testing) Laws

New Mexico Chemical Testing Laws

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

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

Chemical test refusal penalty

If a person refuses to submit to a chemical test they can also be charged with aggravated DWI.

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What is the legal alcohol limit in New Mexico

The maximum legal BAC (blood alcohol content) limits in New Mexico for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of New Mexico it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of New Mexico it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of New Mexico it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

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

Cities in New Mexico

Alamogordo, Albuquerque, Anthony, Artesia, Belen, Carlsbad, Clovis, Corrales, Deming, Espanola, Farmington, Gallup, Grants, Hobbs, Las Cruces, Las Vegas, Los Alamos, Los Lunas, Lovington, Raton, Rio Rancho, Roswell, Ruidoso, Santa Fe, Silver City, Socorro, Taos, Truth or Consequences, Tucumcari.


Counties in New Mexico

Bernalillo, Catron, Chaves, Cibola, Colfax, Curry, De Baca, Dona Ana, Eddy, Grant, Guadalupe, Harding, Hidalgo, Lea, Lincoln, Los Alamos, Luna, McKinley, Mora, Otero, Quay, Rio Arriba, Roosevelt, San Juan, San Miguel, Sandoval, Santa Fe, Sierra, Socorro, Taos, Torrance, Union, Valencia.


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