DWI Penalties
You are in violation of New Mexico's DWI laws when you drive a vehicle with a blood or breath alcohol content of .08% or higher, or by driving while impaired due to the influence of drugs or alcohol.
A DWI conviction can have both civil and financial consequences. New Mexico drunk driving criminal court cases can result in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more. A DWI conviction may result in a driver's license suspension from 90 days to one year or more.
Laws & Resources
Click on the following resources for more information on DWI laws in New Mexico.
A first offense penalty for DWI in New Mexico is punishable with up to 90 days in jail, up to a $500 fine, or both, and approximately $200 in court costs. You may also be forced to attend a first offenders program (sometime referred to as DWI School), alcohol screening with counseling; perform community service, attend the victim impact panel; and/or serve probation resulting in fees of about $150.
If your first drunk driving offense is an aggravated DWI, a minimum of 48 hours in jail is mandatory in addition to the other penalties. Aggravated DWI includes driving with an alcohol level of .16% or greater, causing bodily injury when impaired, or refusing to submit to a chemical test when impaired.
Resources for DWI Laws in New Mexico
1st Offense MISDEMEANOR
- An ignition interlock license for 1 year with an ignition interlock device in every vehicle driven during that time
- Up to 90 days in jail
- Up to a $500 fine
- Up to 1 year on probation
- Mandatory Penalties: 24 hours community service, DWI School, and completing a substance abuse screening and follow all recommended treatment
- Possible forfeiture of vehicle
2nd Offense MISDEMEANOR
- An ignition interlock license for 2 years with an ignition interlock device in every vehicle driven during that time
- Up to 364 days in jail, 96 consecutive hours jail is mandatory
- Up to a $1,000 fine, $500 mandatory
- Up to 5 years on probation
- Mandatory Penalties: 48 hours community service, completing a substance abuse screening and follow all recommended treatment, and completing a 28-day in-patient or a 90 day out-patient substance abuse treatment program, a drug court program, or any other substance abuse treatment program approved by the court
- Possible forfeiture of vehicle
3rd Offense MISDEMEANOR
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time
- Up to 364 days in jail, 30 consecutive days jail is mandatory
- Up to a $1,000 fine, $750 mandatory
- Up to 5 years on probation
- Mandatory Penalties: 96 hours community service, completing a substance abuse screening and follow all recommended treatment, and completing a 28 day in-patient or a 90 day out-patient substance abuse treatment program, a drug court program, or any other substance abuse treatment program approved by the court
- Possible forfeiture of vehicle
4th Offense FOURTH DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 18 months in prison, 6 months jail is mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
- Possible forfeiture of vehicle
5th Offense FOURTH DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 24 months in prison, 12 months jail is mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
- Possible forfeiture of vehicle
6th Offense THIRD DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 30 months in prison, 18 months jail is mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
- Possible forfeiture of vehicle
7th Offense THIRD DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 3 years in prison, 2 years prison is mandatory
- Up to a $5,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
- Possible forfeiture of vehicle
8th Offense SECOND DEGREE FELONY
- An ignition interlock license for 3 years with an ignition interlock device in every vehicle driven during that time but a person may petition the district court for restoration of their standard license every 5 years without another conviction
- Up to 12 years in prison, 10 years prison is mandatory
- Up to a $10,000 fine
- Up to 5 years on probation
- Mandatory Penalties: Completing a substance abuse screening and follow all recommended treatment
- Possible forfeiture of vehicle
Additional DWI Offense Information
Aggravated DWI occurs when .16 BAC or above, refusal to take breath or blood test, or being involved in a crash that caused bodily injury while DWI
1st offense: in addition to basic sentence, additional 2 days jail.
2nd offense: in addition to basic sentence, additional 4 days jail.
3rd offense: in addition to basic sentence, additional 60 days jail.
Driving while revoked for DWI misdemeanor
1-year revocation added to current revocation period.
This is an arrestable offense.
Up to 364 days in jail, 7 days mandatory jail time.
Up to $1,000 fine; $300 mandatory fine.
Other requirements: 30 days immobilization of vehicle driven by offender.
Selling or Giving Alcohol to a minor
FELONY FOURTH DEGREE
To knowingly sell, serve or give alcoholic beverages to a minor, or to permit a minor to consume alcoholic beverages, or to assist a minor to buy alcoholic beverages.
*Does not apply to parents serving their own children in their home, or to an adult spouse of a minor.
*Does not apply to the use of alcohol in practice of religious beliefs.
*A minor is defined as someone under 21 years of age.
Chargeable BAC levels
Required BAC to charge DWI for commercial driver = .04
Required BAC to charge DWI for a minor = .02
DWI Vehicular Homicide
SECOND OR FOURTH DEGREE FELONY
- Maximum 15 years for a second degree felony resulting in death of a human being; 6 years for a third degree felony resulting in death of a human being.
- Maximum $12,500 fine for a second degree felony resulting in the death of a human being; $5,000 for a third degree felony resulting in death of a human being.
- Mandatory 4 years extra jail time added for every prior DWI conviction within the last 10 years, including tribal convictions.
- Vehicular Homicide can also be tried as reckless driving.
