NEW MEXICO DWI LAW

Blood Alcohol Content (“BAC”) for a DWI in New Mexico:

• Standard BAC: .08% or above
• Zero Tolerance BAC (under 21): .02% or above
• Commercial Drivers: .04% or above
• High BAC: .16% (may result in additional jail time)

Implied Consent and Chemical Test Refusal:

In New Mexico, a driver is required by law to submit to a breath, blood or urine test. Driving, when stopped under a suspicion of a DWI, is considered automatic consent for chemical testing. Refusal is grounds for license suspension for a period of 1 year, regardless of whether the person is actually found guilty of a DWI.

Note: New Mexico DWI laws may be different in each county. A DWI charge can have serious and long lasting consequences on the driver’s criminal record and driving record. A driver arrested for a DWI should seriously consider contacting a DWI attorney who specializes in DWI cases. A New Mexico DWI attorney may be able to help the driver understand the options and represent the driver in court if necessary.

DWI Arrest/Civil Case

Note: In New Mexico, all drivers convicted of DWI are subject to random alcohol testing and must attend treatment programs.

Potential Penalties:

• License Suspension:
  • First DWI Conviction: 6 months
  • Second DWI Conviction: 2 years
  • Third DWI Conviction: 3 years
  • Fourth (and above) DWI Conviction: Lifetime suspension with possibility of court review of the suspension after 5 years
• Monetary Fines:
  • First DWI Conviction: No mandatory fines
  • Second DWI Conviction: $500 to $1000
  • Third DWI Conviction: $750 to $1000
  • Fourth (and above) DWI Conviction: $5000
• Ignition Interlock: In New Mexico, after the first DWI conviction, the driver must install an ignition interlock device. The penalty for driving without an ignition interlock device is an additional year of suspension, seven days in jail, up to $1000 in fines, and 30 days immobilization of the driver’s vehicle.
• Jail Time:
  • First DWI Conviction: up to 90 days
  • Second DWI conviction: a minimum of 96 hours up to 364 days
  • Third DWI conviction: a minimum of 30 days up to 364 days
  • Fourth DWI Conviction: a minimum of 6 month up to 18 months
  • Fifth DWI Conviction: a minimum of 1 year up to 2 years
  • Sixth DWI Conviction: a minimum of 18 months up to 30 months
  • Seventh (above) DWI Conviction: a minimum of 2 years up to 3 years

DWI Criminal Charges

A driver has a right to an attorney when arrested for a DWI. A New Mexico DWI attorney can help the driver navigate the complexity of New Mexico’s criminal justice system by explaining the driver’s options and their consequences, reviewing the driver’s legal situation and representing the driver in court.

For the first, second, and third DWI charges, the driver is charged with a misdemeanor; for the fourth DWI and any subsequent DWI, the driver is charged with a felony. DWI vehicular homicide is felony even if it is the driver’s first DWI and carries 6 years of imprisonment. Four extra years of jail are added for every DWI, prior to the vehicular homicide conviction.

DWI Administrative Procedure

The driver is subject to license related administrative sanctions from the DMV. The administrative case is separate from the criminal case and is not affected by the outcome of the criminal case. It is possible to have your drivers license revoked and still be found not guilty in the criminal case.

Effect of DWI on Car Insurance

The car insurance carrier may decide not to continue insurance coverage after a DWI arrest, or may increase the insurance rates every year for as many as 10 years. However, the driver must have insurance to qualify for a restricted license after a DWI or the general license reinstated. To show proof of insurance, the car insurance company must provide the SR-22 form to the New Mexico DMV.

Effect of DWI on Driving Record:

In New Mexico, DWI convictions remain on the driver’s record for 25 years.

Under 21 and DWI:

When a driver under 21 with a BAC of .02% is convicted of a DWI, after the first conviction the driver’s license is suspended for one year (unlike drivers over 21, whose suspension is for six months) and up to 60 hours of community service. The rest of the penalties are similar for drivers under 21 and over 21.

New Mexico Resources

New Mexico Department of Public Safety

New Mexico DMV