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:
- Fine: up to $500 fine
- Jail: up to 90 days in jail
- License Revocation: 6 months to 1 year drivers license revocation
- Ignition Interlock: 1 year ignition interlock restriction
- not less than 24 hours community service
- alcohol abuse screening & treatment programs as required
- must attend DWI school
- NM SR22 Insurance (proof of financial responsibility) Requirement
2nd DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DWI offense in New Mexico:
- Fine: $500 to $1,000 fine
- Jail: up to 364 days in jail (96 hours mandatory minimum)
- License Revocation: 2 years drivers license revocation
- Ignition Interlock: 2 years ignition interlock restriction
- not less than 48 hours community service
- alcohol abuse screening &treatment programs as required
- up to 5 years probation
- NM SR22 Insurance (proof of financial responsibility) Requirement
3rd DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DWI offense in New Mexico:
- Fine: $750 to $1,000 fine
- Jail: up to 364 days in jail (30 days mandatory minimum)
- License Revocation: 3 years drivers license revocation
- Ignition Interlock: 3 years ignition interlock restriction
- not less than 96 hours community service
- alcohol abuse screening &treatment programs as required
- up to 5 years probation
- NM SR22 Insurance (proof of financial responsibility) Requirement
4th DWI Offense / Conviction - Felony
The penalty upon conviction of a fourth DWI offense in New Mexico:
- Fine: up to $5,000 fine
- Jail: up to 18 months in jail (6 months mandatory minimum)
- License Revocation: lifetime drivers license revocation (reviewed after 5 years)
- Ignition Interlock: lifetime ignition interlock restriction (reviewed after 5 years)
- alcohol abuse screening & treatment programs as required
- NM SR22 Insurance (proof of financial responsibility) Requirement
5th DWI Offense / Conviction - Felony
The penalty upon conviction of a fifth DWI offense in New Mexico:
- Fine: up to $5,000 fine
- Jail: up to 2 years in jail (1 year mandatory minimum)
- License Revocation: lifetime drivers license revocation (reviewed after 5 years)
- Ignition Interlock: lifetime ignition interlock restriction (reviewed after 5 years)
- alcohol abuse screening & treatment programs as required
- NM SR22 Insurance (proof of financial responsibility) Requirement
6th DWI Offense / Conviction - Felony
The penalty upon conviction of a sixth DWI offense in New Mexico:
- Fine: up to $5,000 fine
- Jail: up to 30 months in jail (18 months mandatory minimum)
- License Revocation:lifetime drivers license revocation (reviewed after 5 years)
- Ignition Interlock: lifetime ignition interlock restriction (reviewed after 5 years)
- alcohol abuse screening & treatment programs as required
- NM SR22 Insurance (proof of financial responsibility) Requirement
7th (& subsequent) DWI Offense / Conviction - Felony
The penalty upon conviction of a seventh (& subsequent) DWI offense in New Mexico:
- Fine: up to $5,000 fine
- Jail: up to 3 years in jail (2 years mandatory minimum)
- License Revocation: lifetime drivers license revocation (reviewed after 5 years)
- Ignition Interlock: lifetime ignition interlock restriction (reviewed after 5 years)
- alcohol abuse screening & treatment programs as required
- NM SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (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
- License Revocation: 1 year drivers license revocation (or until all conditions of license re-instatement are met, whichever is later)
If a person refuses to submit to a chemical test they can also be charged with aggravated DWI.
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.
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