NEW MEXICO DWI LAW
Blood Alcohol Content (ďBACĒ) for a DWI in New Mexico:
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 driverís 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.
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 Mexicoís criminal justice system by explaining the driverís options and their consequences, reviewing the driverís 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 driverís 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 driverís 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 driverís 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